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of <h1>Petitions disposed; petitioner must appeal under Section 27 of the MVAT Act and rely on appellate precedent</h1> <h3>M/s. Mestra A.G. Switzerland Versus The State of Maharashtra & Ors.</h3> M/s. Mestra A.G. Switzerland Versus The State of Maharashtra & Ors. - TMI 'Delay, if any, is condoned.' Petitioners granted liberty to approach the Tribunal in accordance with the direction of the Division Bench of the Bombay High Court. The Court ordered that 'If an appeal/appeals is/are filed before the Tribunal within a period of eight weeks from today, the issue of limitation shall not be raised by the Tribunal.' No observation was made on the merits: 'It is needless to observe that we have not made any observation on the merits of the matter.' The Special Leave Petitions are disposed of on these terms and pending applications stand disposed of. The order preserves the tribunal's competence to adjudicate the appeals without permitting a limitation defence where the specified eight-week filing window is observed, while leaving substantive questions open for determination by the Tribunal as per the High Court's framework.
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