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Allahabad High Court clarifies "four months" in landmark judgement.

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Allahabad High Court's Landmark Judgement Justice takes time, but how much exactly? āŒ› The court clears the air, clarifying 'four months' doesn't always mean '120 days'. The appeal process shouldn't be a race against time, but a deep dive into the merits of the case! šŸ•µļøā€ā™€ļøāš–ļøšŸ“…
• Case pertains to Section 107 of GST Laws, regarding delay in filing appeal. šŸ“œ • The appellate authority dismissed the appeal as it was filed beyond the stipulated period of four months. ā³ • The court clarified that the period is four months, not necessarily 120 days. šŸ“…
• The appeal in this case was filed on the 121st day, which still fell within the four-month window. āœ”ļø • The court highlighted that the appellate authority should have focused on the merits of the appeal rather than the filing timeline. 🧐
• The appeal has been reinstated, with the appellate authority directed to decide based on its merits. šŸ”„ • The writ petition has been allowed, reversing the previous dismissal. šŸŽ‰
Title: Sri Ram Ply Product vs Additional Commissioner Grade-2, Appeal, State Tax Sitapur Court: Allahabad High Court Citation: Writ Tax No. 96 of 2023 Dated: 21-Apr-2023 #GSTInsightsByARR #GSTWisdomByARR
Plain reading of S.107 indicates that the period is four months, not necessarily 120 days, as the actual number of days can vary (121/122) depending on the specific dates within those months In this case, the appeal was filed on the 121st day, which fell within the 4-month window
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Abhishek Raja "Ram"

@abhishekrajaram

MEC, STBA Delhi || Speaker and Author on GST. Life dedicated towards Tax and Economic Reforms & Simplification