2020 (3) TMI 1204 - HC - GST

Appellate Authority lacks jurisdiction to condone appeal delay under OGST Act. Importance of statutory timelines emphasized.

Debabrata Mishra Versus The Commissioner of CT And GST, Addl. Commissioner, CT And GST, CT And GST Officer

The Court held that the appellate authority lacked jurisdiction to condone the delay in filing an appeal against the cancellation of the Registration ... Condonation of delay in filing appeal - time limitation - Section 107 of the OGST Act - HELD THAT:- The petitioner filed appeal beyond the limitation of four months and the appellate authority admittedly had no authority to condone the delay in preferring the appeal. When the appeal was dismissed on the ground of delay vide order dated 06.12.2019, the petitioner has filed this writ application along with medical reports in respect of the petitioner to show that he had reason not to approach the appellate authority during the time allowed by the Act. When the Statute is clear about the limitation, this Court, in exercise of the jurisdiction under Article- 226 of the Constitution of India, cannot direct the appellate authority to entertain the appeal. Application disposed off. Issues:1. Delay in filing appeal against cancellation of Registration Certificate under OGST Act.2. Jurisdiction of appellate authority to condone delay in appeal filing.3. Writ application for restoration/re-issuance of Registration Certificate.4. Direction to file detailed representation before CT & GST Officer.5. Rectification of defects and payment of balance tax.Issue 1: Delay in filing appeal against cancellation of Registration Certificate under OGST ActThe petitioner's Registration Certificate was cancelled by GST authorities after supplying all documents in response to a show cause notice. The petitioner failed to file an appeal within the prescribed time limit of three months, with a possible extension of one month for condonable delay as per Section-107 of the OGST Act. The appeal was filed beyond the four-month limitation period, and the appellate authority had no power to condone the delay. The writ application was filed citing medical reports to justify the delay in approaching the appellate authority.Issue 2: Jurisdiction of appellate authority to condone delay in appeal filingThe Court clarified that under Section-107 of the OGST Act, appeals against the cancellation of Registration Certificates must be filed within three months, with the appellate authority having the discretion to condone a delay of up to one month thereafter. It was emphasized that when the statutory limitation is clear, the Court cannot direct the appellate authority to entertain an appeal beyond the prescribed timeline, exercising jurisdiction under Article-226 of the Constitution of India.Issue 3: Writ application for restoration/re-issuance of Registration CertificateThe Court disposed of the writ application by directing the petitioner to file a detailed representation before the CT & GST Officer for restoration, re-issuance, or issuance of the Registration Certificate within three weeks. The Court instructed that the representation should be considered liberally, taking into account the petitioner's prolonged indisposition. It was highlighted that the petitioner must rectify all defects and pay any outstanding balance tax along with the representation.Issue 4: Direction to file detailed representation before CT & GST OfficerThe petitioner was directed to submit a comprehensive representation before the CT & GST Officer within three weeks for the restoration or issuance of the Registration Certificate. The Court emphasized that the representation should be dealt with in accordance with the law, considering the petitioner's prolonged illness, and all defects must be rectified along with the payment of any pending tax liabilities.Issue 5: Rectification of defects and payment of balance taxAs part of the directions given by the Court, the petitioner was instructed to rectify all defects related to the Registration Certificate and settle any balance tax amounts that may be due. This requirement was mentioned in conjunction with the submission of the detailed representation before the CT & GST Officer for the restoration or re-issuance of the Registration Certificate.This detailed analysis of the judgment addresses the issues related to the delay in filing the appeal, the jurisdiction of the appellate authority, the writ application for restoration of the Registration Certificate, the direction to file a detailed representation, and the requirement to rectify defects and pay any outstanding tax balances.