Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The HC held that the impugned penalty levy under s.125, GST Act, was vitiated for denial of audi alteram partem; noting that an appeal had been dismissed as time-barred, the court nevertheless quashed the orders dated 18.12.2024 and 28.07.2025 for failure to afford an opportunity of hearing. The petition is allowed by way of remand: the matter is returned to the competent authority to rehear and pass a fresh adjudicatory order in accordance with law and principles of natural justice. Directions ensure fresh proceedings conform to statutory limitation rules and afford the Applicant a full opportunity to be heard before any fresh penalty is imposed.
The HC held that the impugned penalty levy under s.125, GST Act, was vitiated for denial of audi alteram partem; noting that an appeal had been dismissed as time-barred, the court nevertheless quashed the orders dated 18.12.2024 and 28.07.2025 for failure to afford an opportunity of hearing. The petition is allowed by way of remand: the matter is returned to the competent authority to rehear and pass a fresh adjudicatory order in accordance with law and principles of natural justice. Directions ensure fresh proceedings conform to statutory limitation rules and afford the Applicant a full opportunity to be heard before any fresh penalty is imposed.
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