SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Ker) 353

C. S. DIAS
Penuel Nexus Pvt. Ltd. – Appellant
Versus
Additional Commissioner Headquarters (Appeals), Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Georgie Simon, Basil Chandy Vavachan, Tresa Augustine, Biju C. Abraham, Aiswarya T.S.
For the Respondent: Thushara James.

JUDGMENT :

C.S. DIAS, J.

1. Can an appeal be filed beyond the time period prescribed under Section 107 (4) of the Central Goods and Services Tax Act, 2007 is the point posed in this writ petition.

2. The petitioner is a firm engaged in direct marketing. The petitioner had a GST registration. Due to the Covid-19 pandemic, the petitioner's business got affected and was prevented from filing the returns on time. The respondents, by Ext.P2 order, cancelled the GST registration. Even though the petitioner preferred Ext.P3 appeal before the 1st respondent, by Ext.P4 order, the appeal was rejected on the ground of delay. Exts.P2 and P4 are arbitrary and unjustifiable. Hence, the writ petition.

3. Heard; Sri. Biju C. Abraham, the learned Counsel appearing for the petitioner and Smt. Thushara James, the learned Senior Government Pleader, appearing for the respondents.

4. The learned Counsel for the petitioner argued that it was only due to the Covid-19 pandemic that the petitioner was prevented from filing the return on time. The petitioner’s appeal was perfunctorily rejected, by the 1st respondent. Ext.P4 order is erroneous. The learned Counsel placed reliance on the decision of the High Court

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top