Ask Jurishour AI

HomeGSTCan GST Appeals Be Filed After Limitation? Supreme Court Clears the Air

Can GST Appeals Be Filed After Limitation? Supreme Court Clears the Air

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

In a landmark judgment, the Supreme Court of India has ruled that the provisions of the Limitation Act, 1963, apply to appeals under Section 107 of the Central Goods and Services Tax (CGST) Act, 2017. 

The bench of Justice Pamidighantam Sri Narasimha and Justice Sandeep Mehta clarifies that taxpayers can seek condonation of delay when filing GST appeals, providing relief to those who face procedural hurdles.

The case arose after the High Court had held that Section 107 of the CGST Act does not exclude the application of Section 5 of the Limitation Act, 1963. The Joint Commissioner challenged this view, arguing that the GST framework prescribes strict timelines for appeals, and any extension would contradict the intent of the GST laws. 

However, the Supreme Court stayed the High Court’s order and upheld the broader interpretation, stating that the Limitation Act applies unless expressly excluded by the GST legislation. 

The Court emphasized that denying condonation would amount to injustice, especially in cases where the delay is due to genuine reasons. 

This judgment ensures that appellate authorities consider appeals based on merit rather than technical limitations.

Case Details

Case Title:  Joint Commissioner v. S.K. Chakraborty and Sons

Case No.: Special Leave Petition (Civil) Diary No(S). 20272/2024

Date: 30/08/2024

Counsel For Petitioner: Madhumita Bhattacharjee, Debarati Sadhu, Srija Choudhury, Anant, Sajal

Read More: Oral Waiver Of Show Cause Notice And Personal Hearing In A Standard Form Is Not Lawful: Delhi High Court Releases NRI’s Rolex Wrist Watch…

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

Rajasthan High Court Quashes GST Demand Over Unsigned SCN

The Rajasthan High Court has set aside a GST demand of ₹3.13 lakh after...

Excess TDS Can’t Be Retained Indefinitely: Delhi High Court 

The Delhi High Court has held that the Income Tax Department cannot deny an...

Suspicion Can’t Replace Proof: CESTAT Quashes Penalty in Alleged Gold-Smuggling Operation

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai West Zonal Bench, has...

Free-of-Cost Specification Drawings Supplied During Tender Stage Not includible in Excise Assessable Value: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh Bench, has set aside...

More like this

Rajasthan High Court Quashes GST Demand Over Unsigned SCN

The Rajasthan High Court has set aside a GST demand of ₹3.13 lakh after...

Excess TDS Can’t Be Retained Indefinitely: Delhi High Court 

The Delhi High Court has held that the Income Tax Department cannot deny an...

Suspicion Can’t Replace Proof: CESTAT Quashes Penalty in Alleged Gold-Smuggling Operation

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai West Zonal Bench, has...