Registration restoration bars the Department from pursuing annulment where implementation leaves no effective relief available.
The First Appellate Authority's power to condone delay under Section 107 is confined to the statutory outer limit; constitutional orders issued on particular facts cannot enlarge that jurisdiction. Condonation beyond that limit is ultra vires. Restoration of cancelled GST registrations by the Department, followed by taxpayers resuming business and complying with obligations, leaves no effective relief in a subsequent departmental challenge seeking annulment. Implementing restoration and then challenging it engages the bar against approbating and reprobating. Revocation under Section 30 and an appeal against cancellation under Section 107 are independent remedies, so inability to apply for revocation within the Rule 23 period does not bar the statutory appeal. Restored registrations therefore remain undisturbed.
Issues: (i) Whether the First Appellate Authority could condone delay beyond the outer limit under Section 107(4) of the Central Goods and Services Tax Act, 2017; (ii) Whether the Department could maintain appeals after implementing the impugned orders by restoring the taxpayers' registrations; (iii) Whether the taxpayers' inability to seek revocation within the period under Rule 23 of the Central Goods and Services Tax Rules, 2017 barred their appeals 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 limit under Section 107(4) of the Central Goods and Services Tax Act, 2017.
Analysis: Section 107(1) prescribes the ordinary period for appeal and Section 107(4) limits the further period for which delay may be condoned. The First Appellate Authority, being a statutory authority, could exercise jurisdiction only within those limits. Orders of a High Court under Article 226 of the Constitution of India, issued in the exercise of extraordinary constitutional jurisdiction on their particular facts, could not enlarge the statutory appellate jurisdiction. Equity follows the law; it cannot override an express statutory limitation. Condonation beyond the prescribed outer limit was ultra vires and coram non judice.
Conclusion: The First Appellate Authority lacked jurisdiction to condone the delays beyond the statutory outer limit. This issue is decided against the assessees.
Issue (ii): Whether the Department could maintain appeals after implementing the impugned orders by restoring the taxpayers' registrations.
Analysis: The Department acted upon the impugned orders by restoring the registrations, following which the taxpayers resumed business and discharged their obligations. This material subsequent development left no effective relief capable of being granted in the Department's challenge. The Department's inconsistent conduct engaged the principle that a party cannot approbate and reprobate by implementing an order and subsequently seeking its annulment without addressing the consequences of that implementation.
Conclusion: The Department could not maintain its challenge to the orders after implementing them through restoration of registrations. This issue is decided in favour of the assessees.
Issue (iii): Whether the taxpayers' inability to seek revocation within the period under Rule 23 of the Central Goods and Services Tax Rules, 2017 barred their appeals 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 remedy of revocation under Section 30 and the appellate remedy under Section 107 operate as independent statutory remedies. The inability to pursue revocation under Rule 23 did not extinguish the right to challenge cancellation through appeal.
Conclusion: Non-compliance with Rule 23 did not bar the taxpayers from pursuing their statutory appeals. This issue is decided in favour of the assessees.
Final Conclusion: Although the statutory restriction on condonation of delay remains applicable, the restored registrations remain undisturbed because the Department's prior implementation of the impugned orders deprived its challenge of effective relief.
Ratio Decidendi: A revenue authority that has implemented an order restoring registration cannot subsequently pursue a challenge to annul that order where no effective relief can follow from such challenge.