Allahabad High Court's Landmark Judgement
Justice takes time, but how much exactly? ā
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! šµļøāāļøāļøš
⢠Case pertains to Section 107 of GST Laws, regarding delay in filing appeal. š
⢠The appellate authority dismissed the appeal as it was filed beyond the stipulated period of four months. ā³
⢠The court clarified that the period is four months, not necessarily 120 days. š
⢠The appeal in this case was filed on the 121st day, which still fell within the four-month window. āļø
⢠The court highlighted that the appellate authority should have focused on the merits of the appeal rather than the filing timeline. š§
⢠The appeal has been reinstated, with the appellate authority directed to decide based on its merits. š
⢠The writ petition has been allowed, reversing the previous dismissal. š
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