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2021 (12) TMI 212 - COMMISSIONER (APPEALS) CENTRAL GOODS AND SERVICE TAX, JAIPURTime limitation for filing appeal - Cancellation of GST registration of petitioner - non filing of statutory returns for a continuous period of six months - appellant failed to respond to the Show Cause Notice on or before the given date of personal hearing - whether the appeal has been filed within the prescribed time- limit? - HELD THAT:- Though the delay in filing the appeal is condonable only for a further period of one month provided that the appellant was prevented by sufficient cause from presenting the appeal is shown and the delay of more than one month is not condonable under the provisions of sub section (4) of Section 107 of the Central Goods and Service Tax Act, 2017. It is also found that the appellant has not submitted any ground for not filing of appeal within the stipulated period - though the delay in filing the appeal is condonable only for a further period of one month provided that the appellant was prevented by sufficient cause from presenting the appeal is shown and the delay of more than one month is not condonable under the provisions of sub section (4) of Section 107 of the Central Goods and Service Tax Act, 2017. The appellant has filed this appeal beyond the prescribed period that too after expiry of further one month's period in terms of sub section (4) of Section 107 of the Central Goods and Service Tax Act, 2017 which could be condoned by the undersigned. The appellate authority has no power to allow an appeal which is filed beyond the prescribed period. Accordingly, since the appeal is filed after expiry of the prescribed period of three months and a further period of one month which may be condoned by the undersigned, the appeal deserves to be rejected on the grounds of limitation without going into the merits of the case - Appeal disposed off.
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