HC held that appellate authority lacks inherent power to condone ...
GST Appeals Must Be Filed Within 4 Months: No Power to Condone Delay Beyond Section 107 Limitation Period
February 10, 2025
Case Laws GST HC
HC held that appellate authority lacks inherent power to condone delay beyond statutory limits under CGST Act Section 107. Appeals must be filed within three months of order communication, with discretionary one-month extension for sufficient cause under Section 107(4). Where legislation creates special limitation regime with terminal date, general provisions of Limitation Act do not apply. Appellate authority's condonation power is strictly confined to statutory framework. Appeals filed beyond combined four-month period (three months plus one month extension) under Section 107(1) and 107(4) were dismissed as time-barred. Court emphasized that statutory remedies must strictly adhere to prescribed limitation periods in special tax legislation.
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