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Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
The HC allowed a writ petition under Article 226 challenging dismissal of an appeal on limitation grounds. The petitioner-assessee filed an appeal on 01.07.2024 against an order communicated on 01.04.2024. The Appellate Authority erroneously dismissed the appeal as time-barred, holding the two-month limitation period expired on 31.05.2024 and extended period on 30.06.2024. The HC held that under Section 9 of the General Clauses Act, the communication date 01.04.2024 must be excluded from limitation calculation, making the appeal timely filed within the extended three-month period under Section 85(3A) of the Finance Act. Despite availability of statutory appeal remedy to CESTAT under Section 86, the HC entertained the writ petition as it involved a pure question of law without disputed facts. The impugned dismissal order was quashed.
The HC allowed a writ petition under Article 226 challenging dismissal of an appeal on limitation grounds. The petitioner-assessee filed an appeal on 01.07.2024 against an order communicated on 01.04.2024. The Appellate Authority erroneously dismissed the appeal as time-barred, holding the two-month limitation period expired on 31.05.2024 and extended period on 30.06.2024. The HC held that under Section 9 of the General Clauses Act, the communication date 01.04.2024 must be excluded from limitation calculation, making the appeal timely filed within the extended three-month period under Section 85(3A) of the Finance Act. Despite availability of statutory appeal remedy to CESTAT under Section 86, the HC entertained the writ petition as it involved a pure question of law without disputed facts. The impugned dismissal order was quashed.
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