2025 (10) TMI 325 - HC - GST

Allows delayed GST appeal; condones delay due to verified medical incapacity and December 2023 surgery

M/s Parshotam Electronics through ITS Proprietor Parshotam Kumar Gupta Versus UT of J&K and Ors.

HC allowed the writ, set aside the order dismissing the statutory appeal as time-barred, and condoned the delay. The petitioner had appealed a demand ... Dismissal of appeal on the ground of time limitation - power of constitutional Court to condone delay - petitioner had undergone a critical surgery - genuine cause for delay or not - HELD THAT:- The record depicts that the petitioner, being aggrieved of order dated 08.10.2023 in respect of certain demands, preferred an appeal against the same on 28.02.2024. In the memo of appeal, the cause projected for not preferring the appeal within the period of limitation was that he had encountered several health issues which affected his ability to discharge professional responsibilities in a timely manner and he underwent a critical surgery in the month of December, 2023, which further necessitated an extended period of recuperation and rehabilitation. It is true that the appellate authority cannot entertain an appeal beyond the period prescribed under Section 107 of the GST but at the same time the said limitation contained in the Act does not prohibit constitutional Courts in appropriate cases from condoning the delay - The medical record annexed with the writ petition, not disputed by the respondents, depicts that the petitioner was admitted in Shri Mata Vaishno Devi Narayana Super-speciality Hospital on 20.12.2023 and was discharged on 24.12.2023, during which period, he had undergone a surgery. The petitioner had a genuine cause in not approaching the statutory authority with appeal against the order of demand within the period of limitation prescribed under the Act - the present writ petition is disposed of by setting aside the order dated 05.07.2024 in respect of dismissal of the appeal on account of it being time barred and the delay in filing the appeal is condoned. Petition disposed off. ISSUES PRESENTED AND CONSIDERED 1. Whether a constitutional Court may condone delay in filing a statutory appeal barred by the limitation prescribed under Section 107 of the Jammu and Kashmir GST Act, 2017. 2. Whether serious illness and undergoing surgery, supported by medical records, constitute a sufficient cause for condonation of delay in filing a statutory appeal. 3. The scope of interference by a writ court in an appellate authority's dismissal of an appeal as time-barred and the appropriate relief where condonation of delay is allowed by the Court. ISSUE-WISE DETAILED ANALYSIS Issue 1: Whether a constitutional Court may condone delay in filing a statutory appeal barred by Section 107 J&K GST Act, 2017 - Legal framework The statutory limitation for filing appeals under the specified Act is provided by Section 107. Administrative appellate authorities are bound to act within that statutory limitation and ordinarily dismiss appeals filed beyond the prescribed period. Precedent Treatment The Court recognised precedent from the Coordinate Bench dealing with similar factual matrices where relief was granted. The decision of the appellate authority to dismiss solely on limitation grounds was treated as amenable to writ scrutiny in appropriate cases. Interpretation and reasoning The Court held that while the statutory provision prescribes a limitation period binding on the appellate authority, the limitation does not preclude constitutional Courts from exercising extraordinary writ jurisdiction to condone delay in exceptional circumstances. The reasoning balances the finality and predictability of statutory limitation against the equitable jurisdiction of constitutional courts to prevent injustice where sufficient cause exists. Ratio vs. Obiter Ratio: Constitutional Courts may condone delay in filing statutory appeals under Section 107 in appropriate cases where sufficient cause is shown. Obiter: General implications for administrative authorities' application of limitation principles in other factual contexts. Conclusion The Court concluded that the statutory bar under Section 107 does not absolutely oust the writ jurisdiction to condone delay; condonation is permissible in appropriate and exceptional circumstances. Issue 2: Whether serious illness and surgery supported by medical records constitute sufficient cause for condonation of delay Legal framework Sufficient cause for condonation of delay is assessed on established principles of fairness and reasonableness, requiring a plausible, proximate explanation for the delay supported by evidence. Precedent Treatment The Court relied on and followed the approach adopted by a Coordinate Bench where medical incapacity, substantiated by records, was accepted as sufficient cause for condonation in similar circumstances. Interpretation and reasoning On the record before the Court, contemporaneous medical documentation (admission, surgery and discharge records) was placed and remained undisputed by the respondents. The Court treated these records as credible evidence demonstrating that the petitioner was medically incapacitated for the relevant period, thereby preventing timely prosecution of the appeal. The assessment was fact-specific, focusing on genuineness and evidentiary support rather than a mechanical test. Ratio vs. Obiter Ratio: Serious medical incapacity, when substantiated by undisputed medical records, constitutes sufficient cause to justify condonation of delay in filing a statutory appeal. Obiter: The Court did not traverse the outer bounds of what other types of causes might qualify. Conclusion The Court found that the medical evidence established a genuine cause for delay and therefore warranted condonation. Issue 3: Scope of writ court interference with appellate dismissal as time-barred and appropriate remedial direction Legal framework A writ court may intervene where an appellate authority has dismissed an appeal as time-barred if exceptional circumstances justify condonation of delay; however, such interference ordinarily limits itself to granting relief to enable adjudication on merits by the competent statutory forum. Precedent Treatment The approach of remitting the matter back to the appellate authority for fresh adjudication on merits after condoning delay aligns with established practice followed by coordinate decisions. Interpretation and reasoning The Court declined to decide the merits of the underlying tax demand, emphasising that its jurisdiction was confined to considering the propriety of condoning delay. Having found sufficient cause, the appropriate remedy is to set aside the dismissal for being time-barred and to remit the appeal to the appellate authority for expeditious disposal on merits, after affording a hearing. Ratio vs. Obiter Ratio: Where condonation of delay is granted by the writ court, the proper course is to set aside dismissal on limitation grounds and remit the appeal for decision on merits by the appellate authority after opportunity of hearing. Obiter: The Court's remarks do not prejudice the ultimate merits determination by the statutory forum. Conclusion The Court set aside the dismissal of the appeal as time-barred, condoned the delay based on accepted medical evidence, and directed that the appeal be decided on merits expeditiously after affording hearing, without expressing any view on the substantive claim.