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Issues: (i) Whether the First Appellate Authority could condone a delayed appeal beyond the outer limit under Section 107(4) of the Central Goods and Services Tax Act, 2017; (ii) Whether the Department's appeal remained maintainable after it implemented the order restoring registration.
Issue (i): Whether the First Appellate Authority could condone a delayed appeal beyond the outer limit under Section 107(4) of the Central Goods and Services Tax Act, 2017.
Analysis: Section 107(1) prescribes a three-month period for filing an appeal, while Section 107(4) permits condonation only for a further one month upon sufficient cause. The First Appellate Authority, being a statutory authority, has no inherent or plenary power to extend the outer limitation period. Directions issued by the High Court under Article 226 of the Constitution of India on the facts of particular writ proceedings do not enlarge the Authority's jurisdiction. Equity or hardship cannot override an express statutory limitation.
Conclusion: The First Appellate Authority lacked jurisdiction to condone delay beyond the maximum period under Section 107(4) of the Central Goods and Services Tax Act, 2017. This issue is decided against the assessee.
Issue (ii): Whether the Department's appeal remained maintainable after it implemented the order restoring registration.
Analysis: The Department had acted upon the impugned order, restored the registration, and enabled continuation of business and return filing. Reversal after such implementation would unsettle the assessee's intervening commercial transactions and legal position. Estoppel and orderly administration precluded the Department from seeking ineffective relief against an order it had already implemented.
Conclusion: The Department could not maintain its challenge after implementing the restoration of registration, as no effective relief could be granted. This issue is decided in favour of the assessee.
Final Conclusion: Although the condonation of delay exceeded the First Appellate Authority's statutory jurisdiction, the restoration of registration remains unaffected because the Department's own implementation precludes effective appellate relief.
Ratio Decidendi: A statutory appellate authority cannot condone delay beyond the express outer limit fixed by law; however, where the Department has implemented the impugned restoration of registration, it cannot subsequently obtain relief that would unsettle that implemented position.
Statutory appeal limitation prevents condonation beyond the prescribed period, while implemented registration restoration bars effective departmental challenge.
Section 107 of the CGST Act sets a three-month appeal period and permits the First Appellate Authority to condone delay only for one additional month on sufficient cause. As a statutory authority, it has no inherent power to extend that outer limit; equitable considerations or High Court directions confined to particular writ proceedings do not enlarge its jurisdiction. Where the Department has implemented an order restoring GST registration, enabled business continuation and return filing, estoppel and orderly administration prevent a later challenge seeking to reverse that position. Registration restoration consequently remains effective despite invalid condonation beyond the statutory limit.
Condonation of delay beyond statutory limit in GST appeals - Maintainability of departmental appeal after implementation of registration-restoration order Statutory limit on condonation of delay in GST appeals - Writ jurisdiction and statutory appellate power - First Appellate Authority's power to condone delay in an appeal against cancellation of GST registration beyond the outer period prescribed by Section 107(4) of the Act - HELD THAT: - A statutory appellate authority must act within the limits of the power conferred by the statute. Orders of the High Court rendered in exercise of writ jurisdiction, on the facts of those cases, could not enlarge the Authority's statutory power to condone delay; considerations of equity, hardship or substantial justice could not override the prescribed outer limit. [Paras 16, 17] The condonation of delay beyond the period permissible under Section 107(4) was without jurisdiction. Maintainability after implementation of appellate order - Estoppel by conduct - The maintainability of the Department's appeal after it implemented the appellate order by restoring the respondent's GST registration - HELD THAT: - Having restored the registration and thereby altered the respondent's legal and commercial position, the Department could not assail the very order on which it had acted. Setting aside the implemented order would unsettle the restored registration and transactions undertaken in the intervening period, while no effective relief could be granted. [Paras 16, 18, 19] The Department's appeal was held infructuous and disposed of as not maintainable. Final Conclusion: Though the First Appellate Authority lacked jurisdiction to condone the delay beyond the statutory outer limit, the Department's appeal was infructuous because it had implemented the order by restoring the GST registration. The appeal was disposed of as not maintainable.