Maintainability of appeal before the appellate authority - time ...

Appellate authorities under CGST Act cannot condone delays beyond statutory period; Limitation Act, 1963 not applicable.

January 30, 2024

Case Laws     GST     HC

Maintainability of appeal before the appellate authority - time limitation - The High Court held that, appellate authorities under such statutes are not vested with the jurisdiction to condone delays beyond the permissible statutory period. It was also noted that the CGST Act is a special statute and a self-contained code by itself, which impliedly excludes the application of the Limitation Act, 1963. Therefore, Section 5 of the Limitation Act, which provides for the condonation of delay, does not apply to Section 107 of the CGST Act.

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