Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The HC dismissed a petition challenging the Appellate Authority's refusal to condone a 95-day delay in filing a GST appeal. Under Section 107(1) of GST law, appeals must be filed within three months from communication of the order, with Section 107(4) allowing the Authority to condone delays only up to an additional one month. The Court affirmed that the Limitation Act does not apply to GST appeals, citing Chintels India Limited v. Bhayana Builders Private Limited where the SC held delays beyond 120 days cannot be condoned. Since the petitioner failed to disclose when the order was communicated, limitation was counted from the order date (21.07.2023), and neither the Appellate Authority nor the HC had statutory power to condone delays exceeding one month.
The HC dismissed a petition challenging the Appellate Authority's refusal to condone a 95-day delay in filing a GST appeal. Under Section 107(1) of GST law, appeals must be filed within three months from communication of the order, with Section 107(4) allowing the Authority to condone delays only up to an additional one month. The Court affirmed that the Limitation Act does not apply to GST appeals, citing Chintels India Limited v. Bhayana Builders Private Limited where the SC held delays beyond 120 days cannot be condoned. Since the petitioner failed to disclose when the order was communicated, limitation was counted from the order date (21.07.2023), and neither the Appellate Authority nor the HC had statutory power to condone delays exceeding one month.
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