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
HomeGSTDelhi High Court Refuses to Condon Delay in GST Appeal, Says Limitation...

Delhi High Court Refuses to Condon Delay in GST Appeal, Says Limitation Period Is Absolute

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Delhi High Court has ruled that the limitation period prescribed under the Goods and Services Tax (GST) Act for filing an appeal cannot be extended beyond the statutory limit, dismissing a plea seeking permission to file a delayed appeal against an order raising a tax demand for alleged fraudulent Input Tax Credit (ITC).

A Division Bench of Justice Prathiba M. Singh and Justice Shail Jain held that under Section 107 of the Central Goods and Services Tax Act, 2017, an appeal must be filed within three months from the communication of the order, extendable by only one additional month if sufficient cause is shown. Beyond that, the court said, no authority — not even the High Court — has the power to condone further delay.

The bench reiterated that this strict limitation framework reflects legislative intent and excludes the general principles of condonation under the Limitation Act, 1963.

“As a matter of law, since the delay cannot be condoned, the petition would not be tenable,” the Court observed.

The petitioner-company, Moms Cradle engaged in garment exports sought to challenge a February 4, 2025 order issued by the GST authorities that raised a tax demand of ₹42.76 lakh for alleged fraudulent ITC claims. The company claimed it could not file a statutory appeal within the time limit because its director was unwell and the copy of the order uploaded on the GST portal was illegible.

The GST Department opposed this argument, submitting that the order had been duly emailed to the company’s registered address on February 5, 2025, and that its director had actively participated in the adjudication proceedings. The department argued that the plea was an attempt to mislead the Court by falsely claiming ignorance of the order.

The Court noted that the company had taken part in the adjudication proceedings and that its representative’s statement had been recorded by the department. It therefore found no procedural irregularity or violation of natural justice in the issuance of the order.

“Once the order was communicated, the petitioner was obliged to file an appeal within the statutory period. Failure to do so cannot be excused on grounds of alleged lack of clarity or non-receipt,” the judgment stated.

In a related petition, the company had also challenged the withholding of an IGST refund amounting to ₹32.52 lakh. 

The Court directed that this refund be adjusted against the outstanding demand raised under the February 2025 order.

Case Details

Case Title: M/S Moms Cradle Private Limited  Versus UOI

Case No.: W.P.(C) 15509/2025

Date: 09/10/2025

Counsel For Petitioner: Ritaj Kacker, Mr. Deepansh Dhanija & Ms. Divya Rastogi

Counsel For Respondent: Ruchesh Sinha, SSC with Ms. Upasana Vashishtha

Read More: Delhi HC Warns Customs Dept. to Rigorously Enforce Minimum Import Price on Soda Ash

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

Personal Hearing Can’t Precede Deadline for GST Notice Reply: Uttarakhand High Court Quashes S. 73 Order

The Uttarakhand High Court has set aside a GST assessment order after finding that...

GST Rectification Can’t Be Rejected Merely Because 3 Month Timeline Expired; Authority Doesn’t Become Functus Officio: Uttarakhand High Court

The Uttarakhand High Court has ruled that a GST rectification application filed within the...

Electricity Charges Arise Only After Supply and Billing; Supreme Court Rejects Rs. 57.74 Lakh Demand for Unreleased Additional Load

The Supreme Court has rejected an electricity distribution company’s attempt to recover ₹57.74 lakh...

Refund of Interest Paid on GST Liability Discharged Through ITC: GSTAT Restrains State Benches From Deciding Appeals

The Goods and Services Tax Appellate Tribunal (GSTAT), Principal Bench, New Delhi, has restrained...

More like this

Personal Hearing Can’t Precede Deadline for GST Notice Reply: Uttarakhand High Court Quashes S. 73 Order

The Uttarakhand High Court has set aside a GST assessment order after finding that...

GST Rectification Can’t Be Rejected Merely Because 3 Month Timeline Expired; Authority Doesn’t Become Functus Officio: Uttarakhand High Court

The Uttarakhand High Court has ruled that a GST rectification application filed within the...

Electricity Charges Arise Only After Supply and Billing; Supreme Court Rejects Rs. 57.74 Lakh Demand for Unreleased Additional Load

The Supreme Court has rejected an electricity distribution company’s attempt to recover ₹57.74 lakh...