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2021 (3) TMI 491 - HC - GSTCondonation of delay in filing appeal - appeal is belated by a period of eight months - Cancellation of registration of the petitioner - TNGST Act - HELD THAT - The period of limitation for filing of the first appeal, which is 90 days, expires in this case on 03.03.2020 and further period of 30 days, provided for condonation of delay in filing of the first appeal, expires of 02.04.2020, falling during the period of COVID-19 pandemic. The Supreme Court in a series of judgments, viz., In Re Cognizance for Extension of Limitation 2021 (1) TMI 261 - SC ORDER and M/S. SS GROUP PVT. LTD. VERSUS AADITIYA J. GARG ANR. 2021 (1) TMI 804 - SUPREME COURT has extended time for filing of appeal till 31.01.2021. As such, it is appropriate that the petitioner may re-present its appeal before the third respondent. Petition disposed off.
Issues:
Challenge to order cancelling registration under Tamil Nadu Goods and Service Tax Act, 2017; Appeal dismissal due to delay; Condonation of delay during COVID-19 pandemic; Extension of time for filing appeal by Supreme Court. Analysis: The judgment concerns the challenge to an order cancelling the petitioner's registration under the Tamil Nadu Goods and Service Tax Act, 2017. The petitioner had filed an appeal against this order, but it was dismissed by the Appellate Authority due to being belated by eight months. The issue of contention was the period of limitation for filing the first appeal, which is 90 days, and the further 30 days provided for condonation of delay, which expired during the COVID-19 pandemic. During the judgment, reference was made to the Supreme Court's decisions regarding the extension of limitation periods due to the pandemic. The Supreme Court had extended the time for filing appeals in various judgments, including one dated 17.12.2020. In light of these decisions, the petitioner was given the opportunity to re-present its appeal before the Appellate Authority within two weeks from the judgment date. It was specified that such appeals, if re-presented within the stipulated time frame, would be accepted without reference to limitation, and the appeals would be heard and disposed of in accordance with the law. In conclusion, the Writ Petitions were disposed of based on the above terms, with no costs imposed. The judgment highlighted the impact of the COVID-19 pandemic on the limitation periods for filing appeals and the need to consider the Supreme Court's decisions in extending such time limits. The judgment aimed to provide a fair opportunity for the petitioner to have their appeal reconsidered without the limitation issue hindering the process.
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