Tax Appeal Reinstated: Authority Ordered to Review Substantive Merits Beyond Procedural Limitation Grounds

HC allowed the writ petition challenging tax order rejection. The court set aside the appellate authority's order based on limitation and directed reconsideration of the appeal on merits. The petitioner was granted ten days to re-present the appeal, with the appellate authority instructed to review substantive issues without focusing on procedural delays.

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Issues:
Challenge to order in original dated 23.04.2024 based on rejection of appeal solely on the ground of limitation.

Analysis:
The writ petition challenges an order in original dated 23.04.2024 issued by the first respondent, which was based on the rejection of the petitioner's appeal by the appellate authority solely on the ground of limitation. The appeal was in response to an order in original dated 10.10.2023 issued by the second respondent confirming a tax proposal due to a mismatch between the petitioner's GSTR 1 and GSTR 3B returns. The petitioner contended that the mismatch had been rectified before the order in original was issued and requested an opportunity to explain the situation satisfactorily.

Legal Grounds:
The rejection of the appeal by the appellate authority was primarily due to the appeal being presented 29 days beyond the condonable period specified under Section 107 of the relevant GST statutes. The petitioner had explained the delay by stating that they were unable to file the appeal in time as they only became aware of the order when it was uploaded on the portal on 08.03.2024. The delay of 29 days beyond the condonable period was considered within reason, leading to the conclusion that the appellate authority should review and decide on the appeal based on its merits.

Judgment:
In light of the circumstances, the High Court set aside the impugned order dated 23.04.2024 and remanded the matter to the appellate authority. The petitioner was directed to re-present the appeal within ten days from receiving a copy of the court's order. The appellate authority was instructed to consider and dispose of the appeal on its merits without delving into the question of limitation. The writ petition was disposed of under these terms, with no costs incurred, and related motions were closed accordingly.

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