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GST - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

HC condoned delay in filing appeal by small partnership firm, ...


Partnership Firm Wins Appeal Delay Condonation After Authority's Mechanical Rejection Due To Time Limitation Grounds

February 14, 2025

Case Laws     GST     HC

HC condoned delay in filing appeal by small partnership firm, setting aside appellate authority's rejection. Court found appellate authority erroneously limited condonation to one-month period beyond prescribed time, contradicting precedent in S.K. Chakraborty case. Considering petitioner's bona fide intent and absence of deliberate delay, HC directed appellate authority to hear appeal on merits within eight weeks. Court emphasized appellate authority's failure to properly exercise jurisdiction in mechanically rejecting appeal on limitation grounds without adequately considering explanation for delay. Appeal to be heard after giving petitioners opportunity of hearing.

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