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2024 Supreme(J&K) 312

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH A T SRINAGAR 
SANJEEV KUMAR, M A CHOWDHARY
Jatinder Singh S/o Sardar Mohan singh – Appellant
Versus
Union Territory of Jammu & Kashmir through Commissioner/Secretary, Finance Department, Srinagar – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr. D.C.Raina, AG with Mr. Syed Musaib,
For the Appellant :Ms. Palvi Ghonkrokta, Advocate

JUDGMENT :

Sanjeev, J.

1. The petitioners in all these petitions are dealers registered under Jammu & Kashmir Goods and Services Tax Act, 2017 [“the Act of 2017”] under different registration numbers. They were assessed by the respective adjudicating authority under Section 73/74 of the Act of 2017 and certain demands were raised against them. Feeling dissatisfied and aggrieved by the orders passed by the adjudicating authorities, the petitioners preferred statutory appeals before the Appellate Authority under Section 107 of the Act of 2017. The appeals preferred by the petitioners-assessees were not entertained and rejected indicating the reason for rejection as “delay in submission of appeals”

2. Since the Government is yet to constitute Appellate Tribunal, as such, the petitioners, feeling aggrieved by rejection of their appeals, are before us invoking extraordinary writ jurisdiction vested in this Court under Article 226 of the Constitution of India.

3. Learned Advocate General appearing for the respondents raises a preliminary objection to the maintainability of these petitions. He would argue that under Section 107 of the Act of 2017 any decision or order passed by the adjudicati

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