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Issues: Whether, in view of the special notification extending time for filing appeals against orders under the GST law, the petitioner could be permitted to pursue the statutory appellate remedy despite not having filed an appeal within the ordinary limitation period.
Analysis: The petition challenged an assessment order passed under Section 73 of the Bihar Goods and Services Tax Act, 2017. The statutory scheme provided an appeal under Section 107 of the Bihar Goods and Services Tax Act, 2017 within three months, with a further one-month period for delay condonation. The Court noted that the Central Board of Indirect Taxes and Customs had issued Notification No. 53 of 2023-Central Tax dated 02.11.2023, extending the time for filing appeals against orders passed on or before 31.03.2023 under Sections 73 and 74, subject to compliance with the conditions in the notification, including payment of the admitted dues and the prescribed pre-deposit. The notification also applied the procedural provisions of Chapter XIII of the Central Goods and Services Tax Rules, 2017.
Conclusion: The petitioner was allowed to avail the statutory appeal remedy by filing an appeal in accordance with the notification and complying with the prescribed conditions.