Statutory appeal limitation prevents extended condonation, while completed registration restoration can defeat effective departmental appellate relief.
Section 107 of the CGST Act confines condonation of delay in filing an appeal to the express statutory outer limit; equitable considerations and High Court jurisdiction under Article 226 cannot enlarge the First Appellate Authority's powers. Where registrations have been restored and taxpayers have resumed business, completed implementation may make departmental appellate relief ineffective because annulment could disrupt intervening transactions and input-tax-credit consequences. The appellate remedy against cancellation remains independent of revocation under Rule 23, although it must be pursued within the prescribed limitation period.
Issues: (i) Whether the First Appellate Authority could condone delay beyond the outer statutory limit under Section 107(4) of the Central Goods and Services Tax Act, 2017; (ii) Whether the Department could maintain its appeals after implementing the impugned orders and restoring the taxpayers' registrations; and (iii) Whether failure to seek revocation under Rule 23 of the Central Goods and Services Tax Rules, 2017 barred the taxpayers from pursuing an appeal under Section 107 of the Central Goods and Services Tax Act, 2017.
Issue (i): Whether the First Appellate Authority could condone delay beyond the outer statutory limit under Section 107(4) of the Central Goods and Services Tax Act, 2017.
Analysis: Section 107 prescribes a three-month period for appeal and permits condonation only within the further period expressly fixed by Section 107(4). The equitable and extraordinary jurisdiction exercisable by a High Court under Article 226 of the Constitution of India cannot enlarge the statutory jurisdiction of the First Appellate Authority. Equity follows the law, and the Authority could not assume a power of condonation withheld by the statute.
Conclusion: The First Appellate Authority lacked jurisdiction to condone delay beyond the statutory outer limit; the condonation orders were ultra vires and coram non judice. This issue is decided in favour of Revenue.
Issue (ii): Whether the Department could maintain its appeals after implementing the impugned orders and restoring the taxpayers' registrations.
Analysis: The Department restored the registrations pursuant to the impugned orders, after which the taxpayers resumed business and the registrations remained active. Annulment at that stage would unsettle intervening genuine transactions and related input-tax-credit consequences. Since the Department had acted upon the orders, no effective or workable appellate relief could be granted.
Conclusion: The Department could not maintain the appeals after implementing the impugned orders and restoring the registrations. This issue is decided in favour of the taxpayers.
Issue (iii): Whether failure to seek revocation under Rule 23 of the Central Goods and Services Tax Rules, 2017 barred the taxpayers from pursuing an appeal under Section 107 of the Central Goods and Services Tax Act, 2017.
Analysis: The common portal did not permit applications for revocation after expiry of the prescribed period. The statutory appellate remedy under Section 107 is independent, and inability or failure to pursue revocation under Rule 23 does not extinguish the right to challenge cancellation through appeal.
Conclusion: Failure to pursue revocation under Rule 23 did not bar the taxpayers from availing the statutory appellate remedy, subject to its prescribed limitation. This issue is decided in favour of the taxpayers.
Final Conclusion: Although the First Appellate Authority could not lawfully extend the statutory limitation, the Department's completed implementation of the restoration orders precluded it from obtaining appellate relief in these matters.
Ratio Decidendi: A statutory appellate authority cannot invoke equitable considerations or High Court orders under Article 226 of the Constitution of India to condone delay beyond an express statutory outer limit.