Home Case Index All Cases GST GST + HC GST - 2021 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (2) TMI 337 - HC - GSTMaintainability of appeal - non-deposit of 1% of the court fees as per the KLBF - period April 2018 to May 2019 - HELD THAT:- Section 107 of CGST Act 2017 deals with appeals to Appellate Authority. Any person aggrieved by any decision or order passed under this Act can prefer an appeal to the designated appellate authority, within three months from the date on which such decision or order is communicated to him. The Appellate Authority, by virtue of Sub Section (4) of Section 107 of the Act is empowered to condone further delay of one month causing filing appeal provided sufficient cause for not presenting the appeal within the prescribed period of limitation is demonstrated. Thus, after further period of one month, the delay in preferring the appeal is not condonable. Bare perusal of this provision of CGST Act makes it clear that after making the assessment on the criteria best of the judgment by the Assessing Officer, a notice is required to be issued to the assessee along with the assessment order. The assessee is granted an opportunity of filing his returns. If such registered person furnishes valid returns in response to the best of the judgment assessment, then such assessment order is deemed to have been withdrawn. In the case in hand, despite receipt of assessment order under Section 62 of the Act, the petitioner registered person has not filed any valid return within 30 days from the receipt of the assessment order. This ultimately has resulted in issuance of demand notice in FORM GST DRC-07, mentioning the amount due and payable by the petitioner - The appeal as it stands is an appeal challenging the assessment made by the Assessing Officer to the best of his judgment as per the provisions of Section 62 of the GST Act. That assessment order is not deemed to have been withdrawn due to non-filing of valid return within 30 days of service of the assessment order under Section 62 of the Act. As such, it cannot be said that the appeals filed by the petitioner were in fact the appeals challenging the demand notice in FORM GST DRC-07. EVen during pendency of this appeals (Ext.P4), no amendment application was moved to delete the challenge so far as the Assessment Officer in order in FORM GST ASMT-13 is concerned or to incorporate the challenge to the orders in FORM GST DRC-07. Petition dismissed.
|