M/S Radhika Furniture @Radha Devi vs The Commissioner on 17 July, 2026

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    (per Hon’ble The Chief Justice Mr. Manoj Kumar Gupta)

    1. In the present batch of writ petitions, a common

    SPONSORED

    question of law arises as to whether an appeal under Section

    107 of the Central/ State Goods and Services Tax Act, 2017

    (for short “the CGST/ SGST Act”) can be entertained beyond

    the prescribed period of three months and the further

    condonable period of one month by invoking Section 5 of the

    Limitation Act, 1963 (hereinafter referred to as “the

    Limitation Act”).

    2. As the factual matrix of each case is different and

    the controversy centres around the aforesaid pure question of

    law, namely, whether the writ Court, in exercise of its power

    under Article 226 of the Constitution of India, may examine

    the challenge notwithstanding the dismissal of appeal as

    barred by limitation, we have, with consent of counsel for the

    parties, proceeded to hear and decide the said question at the

    threshold before examining the facts of the individual cases.



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