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TMI Blog2024 (2) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal filed by the petitioner was dismissed on the ground of limitation, as the same was filed approximately 73 days beyond the date of limitation. 3. Counsel on behalf of the petitioner has fairly submitted that the appeal under Section 107 of the Act was filed beyond time. However, counsel on behalf of the petitioner relies on a Division Bench judgment of Calcutta High Court in the case of S.K. Chakraborty & sons vs. Union of India and others reported in 2024-T.L.D.-22-CAL to argue that Section 5 of the Indian Limitation Act, 1963 (hereinafter referred to as 'the Limitation Act') would be attracted as Section 107 of the Act does not expressly or impliedly exclude the attraction of Section 5 of the Limitation Act. 4. This Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecial statute and a self-contained code by itself. Section 107 has an inbuilt mechanism and has impliedly excluded the application of the Limitation Act. It is trite, that the Limitation Act will apply only if it is extended to the special statute. It is also rudimentary that the provisions of a fiscal statute have to be strictly construed and interpreted." 6. The aforementioned principle was reiterated by this Court in Garg Enterprises -v- State of U.P. and Ors, reported in MANU/UP/0197/2024. Relevant paragraph has been reproduced below: "7. The Central Goods and Services Act is a special statute and a self-contained code by itself. Section 107 of the Act has an inbuilt mechanism and has impliedly excluded the application of the Limitat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpretation, leading to disputes between taxpayers and tax authorities. Limitation provides a framework within which such disputes must be resolved, thereby preventing undue delays and ensuring that tax liabilities are determined within a reasonable time frame. This is crucial for both taxpayers and tax authorities as it promotes legal certainty and facilitates effective tax compliance. 9. Section 107 of the GST Act prescribes a specific limitation period within which appeals against certain decisions must be filed. This limitation period is integral to the functioning of the appellate mechanism under the GST Act and reflects the legislative intent to expedite the resolution of tax disputes. By imposing a time limit on the filling of appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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