Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Section 107 of the GST law allows an appeal within three months, with only one further month condonable on sufficient cause; once that outer limit expires, neither the Appellate Authority nor the HC can extend time. Applying Supreme Court guidance, the Court held that writ jurisdiction cannot be used to override the statutory limitation scheme, and explanations such as accountant negligence did not justify condonation beyond the cap. Having already pursued the statutory appeal, the petitioner was also not permitted to reopen the show-cause notice or cancellation order in writ proceedings, especially where no appearance was made before the appellate authority despite opportunity. The writ petition was dismissed.
Section 107 of the GST law allows an appeal within three months, with only one further month condonable on sufficient cause; once that outer limit expires, neither the Appellate Authority nor the HC can extend time. Applying Supreme Court guidance, the Court held that writ jurisdiction cannot be used to override the statutory limitation scheme, and explanations such as accountant negligence did not justify condonation beyond the cap. Having already pursued the statutory appeal, the petitioner was also not permitted to reopen the show-cause notice or cancellation order in writ proceedings, especially where no appearance was made before the appellate authority despite opportunity. The writ petition was dismissed.
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