Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTCan GSTAT Condone Delay Beyond S. 107(4) Time Limit? Bhopal Bench Defers...

Can GSTAT Condone Delay Beyond S. 107(4) Time Limit? Bhopal Bench Defers Appeals Pending Principal Bench Ruling

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Bhopal State Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) has deferred hearing in a batch of appeals involving the recurring legal issue of whether the Tribunal has the power to condone delay beyond the statutory cap prescribed under Section 107(4) of the Central Goods and Services Tax (CGST) Act, 2017.

The Division Bench comprising Justice (Retd.) Roopesh Chandra Varshney (Judicial Member) and Shri Sunil K. Das (Technical Member) has found that the three appeals involved common questions of law and fact and, therefore, ordered that they be linked and heard together.

The appellant was represented virtually by Chartered Accountant Deepak Asrani, while notice has been directed to be issued to the respondents.

Buy Now: GST Judgements E-Compilation – June 2026

The Bhopal Bench observed that the appeals raise an identical legal question regarding the Tribunal’s jurisdiction to condone delay beyond the maximum period permitted under Section 107(4) of the CGST Act, 2017.

Recording this, the Bench specifically noted: “The question of limitation is involved in these appeals. This issue is under consideration before the Principal Bench GSTAT.”

Since the issue is already pending before the GSTAT Principal Bench through a Special Bench constituted to decide the question uniformly, the Bhopal Bench deferred consideration of the appeals and listed the matters for 7 October 2026. 

The Bench also directed the appellant to amend the cause title of the appeals in accordance with Rule 33 of the Goods and Services Tax Appellate Tribunal (Procedure) Rules, 2025 before the next date of hearing.

Section 107 of the CGST Act governs appeals before the First Appellate Authority. While an appeal must ordinarily be filed within three months, sub-section (4) permits condonation of delay only for a limited additional period upon showing sufficient cause.

The central controversy now before the GSTAT Principal Bench is whether the Tribunal, while exercising appellate jurisdiction under Section 112, possesses any independent jurisdiction or inherent power to entertain matters where the delay exceeds the maximum condonable period prescribed under Section 107(4). The answer to this question will determine the fate of hundreds of taxpayers whose first appeals were dismissed as time-barred. 

The Principal Bench has already constituted a Special Bench to decide this issue after identifying 504 pending appeals across multiple GSTAT State Benches raising the same question of law, including 75 appeals from the Bhopal Bench. The outcome is expected to provide a uniform interpretation applicable across the country and significantly influence GST appellate jurisprudence on limitation. 

The Bhopal Bench’s decision to defer the proceedings reflects the Tribunal’s effort to maintain consistency in adjudication and avoid conflicting decisions on a question that could affect a large number of pending GST appeals nationwide.

Membership Required to Access Case Details & Order Copy

To view the complete Case Details and Download Order Copy, you must have an active membership. Please subscribe to continue.

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

Read More: DGGI to Supply Seized Documents Withheld Since 2020: Bombay High Court Stays Coercive Action Against Taxpayer

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

E-Way Bills Required Even Without a Sale: ICAI Handbook Highlights Crucial GST Compliance Rules

The Institute of Chartered Accountants of India (ICAI), through its GST & Indirect Taxes...

JURISHOUR | TAX LAW DAILY BULLETIN : 5 OCTOBER, 2026

Here’s the Tax Law Daily Bulletin for October 5, 2026.GSTRS. 3.15 CRORE GST REFUND...

Vague Dowry Allegations Can’t Justify Trial Against In-Laws: Supreme Court Quashes Criminal Proceedings

The Supreme Court has quashed criminal proceedings against a woman’s parents-in-law, holding that general...

Property Sold To Another Buyer Doesn’t Establish Cheating Without Initial Deception: Supreme Court

The Supreme Court has quashed criminal proceedings arising from a disputed land sale, holding...

More like this

E-Way Bills Required Even Without a Sale: ICAI Handbook Highlights Crucial GST Compliance Rules

The Institute of Chartered Accountants of India (ICAI), through its GST & Indirect Taxes...

JURISHOUR | TAX LAW DAILY BULLETIN : 5 OCTOBER, 2026

Here’s the Tax Law Daily Bulletin for October 5, 2026.GSTRS. 3.15 CRORE GST REFUND...

Vague Dowry Allegations Can’t Justify Trial Against In-Laws: Supreme Court Quashes Criminal Proceedings

The Supreme Court has quashed criminal proceedings against a woman’s parents-in-law, holding that general...