Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
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The judgment addresses the jurisdiction and competence of the Appellate Authority u/s 107(4) of the Act of 2017 to condone delays in filing appeals against decisions or orders passed by an adjudicating authority beyond the prescribed time limit. The Court relied on the Supreme Court's decision in Bengal Chemists and Druggists Association v. Kalyan Chowdhury, which interpreted a similar provision in the Companies Act, 2013. It held that the Appellate Authority cannot entertain an appeal u/s 107 if it is filed beyond four months from the date of communication of the decision or order. While the High Court has extraordinary jurisdiction to condone delays in exceptional circumstances to prevent gross injustice, the reasons provided by the petitioner were found insufficient to warrant such exercise. Consequently, the writ petitions were dismissed as lacking merit.
The judgment addresses the jurisdiction and competence of the Appellate Authority u/s 107(4) of the Act of 2017 to condone delays in filing appeals against decisions or orders passed by an adjudicating authority beyond the prescribed time limit. The Court relied on the Supreme Court's decision in Bengal Chemists and Druggists Association v. Kalyan Chowdhury, which interpreted a similar provision in the Companies Act, 2013. It held that the Appellate Authority cannot entertain an appeal u/s 107 if it is filed beyond four months from the date of communication of the decision or order. While the High Court has extraordinary jurisdiction to condone delays in exceptional circumstances to prevent gross injustice, the reasons provided by the petitioner were found insufficient to warrant such exercise. Consequently, the writ petitions were dismissed as lacking merit.
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