Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
HC allowed the writ petition, quashing the appellate order that rejected an appeal solely on grounds of delay. The court emphasized that limitation provisions warrant liberal interpretation where genuine hardships exist. Despite petitioner's unawareness of the earlier appeal's rejection leading to a missed deadline under Notification No. 53/2023, the delay was not deliberate. The appellate authority erred by rejecting the appeal without considering the condonation application. Given the procedural irregularities and arbitrary nature of the rejection, particularly after full payment of disputed tax, the court found merit in petitioner's case and set aside the impugned order.
HC allowed the writ petition, quashing the appellate order that rejected an appeal solely on grounds of delay. The court emphasized that limitation provisions warrant liberal interpretation where genuine hardships exist. Despite petitioner's unawareness of the earlier appeal's rejection leading to a missed deadline under Notification No. 53/2023, the delay was not deliberate. The appellate authority erred by rejecting the appeal without considering the condonation application. Given the procedural irregularities and arbitrary nature of the rejection, particularly after full payment of disputed tax, the court found merit in petitioner's case and set aside the impugned order.
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