2025 (12) TMI 752 - HC - GST

Appeal Cannot Be Rejected As Time-Barred Without Hearing Taxpayer And Considering Limitation From Date Of Knowledge

HC held that the appellate authority erred in rejecting the assessee's appeal as time-barred solely on the basis of the dates of the assessment order, ... Time limitation - Rejection of petitioner’s appeal against the assessment order being barred by the prescribed period of limitation - HELD THAT:- The appellate authority cannot presume that the appeal is delayed solely based on the order dates. Here, it was the petitioner’s case that the limitation had to be construed from the date of knowledge. Therefore, this plea could not have been summarily rejected as it has been, without even hearing the petitioner or allowing him an opportunity to make good his case. The fact that the Statute may not specifically contemplate a hearing or an opportunity makes no difference. The principles of natural justice are required to be read into “the Unoccupied interstices of statute” so that a fair hearing and fair opportunity are granted to the parties who are likely to be affected by the outcome. That the principles of natural justice must be read into the ‘unoccupied interstices’ of the statute unless there is a clear mandate to the contrary was the law laid down in the decisions of the Supreme Court in Institute of Chartered Accountants of India Vs. L.K. Ratna & Others [1986 (10) TMI 37 - SUPREME COURT] and in S. L. Kapoor vs. Jagmohan & Ors [1980 (9) TMI 280 - SUPREME COURT]. The matter remanded to the appellate authority with directions to hear the petitioner and to decide the issue of the appeal being affected by the bar of limitation only thereafter. This exercise must be completed within three months from the date of uploading of this order - the impugned order is set aside - petition allowed by way of remand. 1. ISSUES PRESENTED AND CONSIDERED 1.1 Whether an appellate authority under the MGST Act can reject an appeal as barred by limitation, solely on the basis of the date of the order and without granting the appellant an opportunity of hearing, when the appellant specifically relies on the date of knowledge of the order. 1.2 Whether, in the context of an appeal under section 107 of the MGST Act, the period of limitation is to be computed from the date of the order or from the date of knowledge of the order (left open for decision by the appellate authority). 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Rejection of appeal as time-barred without hearing and applicability of principles of natural justice Legal framework (as discussed) 2.1 The Court recorded that section 107 of the MGST Act prescribes a 90-day period for filing an appeal with a further one-month period which may be condoned, and that beyond 120 days the appellate authority has no power to condone delay. The format of the impugned order (Form GST APL-02) contains a 'Reason for rejection' clause used here to state that the appeal is late filed beyond the time limit specified under section 107. 2.2 The Court referred to the principle that the 'principles of natural justice must be read into the unoccupied interstices of the statute unless there is a clear mandate to the contrary', relying on the law declared by the Supreme Court in Institute of Chartered Accountants of India v. L.K. Ratna and S.L. Kapoor v. Jagmohan. Interpretation and reasoning 2.3 The Court held that the rejection of the appeal on limitation grounds, in the manner done, visited the petitioner with 'severe civil consequences', thereby attracting the requirement of at least minimum compliance with principles of natural justice and fair play. 2.4 The Court rejected the State's contention that, since the statute does not provide for a hearing before dismissal of a time-barred appeal and the appellate authority cannot condone delay beyond 120 days, there is no need to afford a hearing. It held that this submission 'begs the question' because the core issue was whether limitation is to be counted from the date of the order or from the date of knowledge. 2.5 The Court noted that this question (date of order vs. date of knowledge) is an 'arguable issue, both on the facts and on the law', and that before taking any decision on this issue, the principles of natural justice had to be followed. 2.6 The Court held that the appellate authority could not simply presume delay only on the basis of the date of the order. In view of the petitioner's case that limitation had to be computed from the date of knowledge, such a plea could not be summarily rejected without hearing the petitioner or affording an opportunity to substantiate this contention. 2.7 The Court emphasized that the absence of an express statutory requirement of hearing does not exclude natural justice where an order adversely affects a party; natural justice must be read into the statute in such 'unoccupied interstices' unless clearly excluded. Conclusions 2.8 The Court concluded that the order rejecting the appeal as time-barred, without granting the petitioner an opportunity of hearing on the question of limitation (including the plea as to date of knowledge), was in breach of the principles of natural justice. 2.9 On that ground alone, the impugned rejection order was quashed and set aside, and the matter remanded to the appellate authority to hear the petitioner and decide the question of limitation afresh, within a fixed time-frame. Issue 2 - Starting point for limitation under section 107 MGST Act: date of order vs. date of knowledge Interpretation and reasoning 2.10 The Court expressly identified the 'issue' as whether limitation is to be construed from the date of the order or from the date of knowledge of the order and described this as an 'arguable issue, both on the facts and on the law'. 2.11 The Court refrained from deciding this question on merits in the writ jurisdiction at this stage, stating that it was remanding the matter solely because of violation of natural justice and that the factual and legal contentions on service and date of knowledge must be considered by the appellate authority after hearing the parties. Conclusions 2.12 The Court left open all contentions of all parties on the computation of limitation, including the petitioner's claim regarding the date of service or date of knowledge of the assessment order. 2.13 The appellate authority has been directed to decide, after granting a hearing, whether the appeal is barred by limitation having regard to the rival contentions on the starting point of limitation (date of order vs. date of knowledge).