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GST - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

HC allowed the writ petition, quashing the appellate order that ...


Delay in Tax Appeal Not Fatal: Authority Must Consider Condonation Application Before Rejection Under Notification 53/2023

February 10, 2025

Case Laws     GST     HC

HC allowed the writ petition, quashing the appellate order that rejected an appeal solely on grounds of delay. The court emphasized that limitation provisions warrant liberal interpretation where genuine hardships exist. Despite petitioner's unawareness of the earlier appeal's rejection leading to a missed deadline under Notification No. 53/2023, the delay was not deliberate. The appellate authority erred by rejecting the appeal without considering the condonation application. Given the procedural irregularities and arbitrary nature of the rejection, particularly after full payment of disputed tax, the court found merit in petitioner's case and set aside the impugned order.

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