Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Appeal filed within extended limitation period wrongly dismissed by excluding communication date from calculation

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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.....