Madras High Court: Appeal Cannot Be Rejected for Procedural Lapse in Non-Submission of Order - CA in Jaipur | CA. Yogesh Jangid |ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases
11931
post-template-default,single,single-post,postid-11931,single-format-standard,bridge-core-2.5,cstmsrch_bridge,ajax_fade,page_not_loaded,,qode_grid_1300,hide_top_bar_on_mobile_header,qode-child-theme-ver-1.0.0,qode-theme-ver-23.5,qode-theme-bridge,wpb-js-composer js-comp-ver-6.4.1,vc_responsive,elementor-default,elementor-kit-7,elementor-page elementor-page-11931

Madras High Court: Appeal Cannot Be Rejected for Procedural Lapse in Non-Submission of Order

Madras High Court: Appeal Cannot Be Rejected for Procedural Lapse in Non-Submission of Order

Introduction

The Hon’ble Madras High Court in Indian Potash Ltd. v. Deputy Commissioner (ST) [W.P. Nos. 12497, 12498, 12500 & 12501 of 2024, dated June 06, 2024] directed the adjudicating authority to entertain an appeal that was earlier rejected due to the non-submission of the order copy by the assessee before the appellate authority.

Facts of the Case

M/s. Indian Potash Ltd. (“the Petitioner”) filed an IGST refund application related to ocean freight, which was rejected by the adjudicating authority. Aggrieved by the order, the Petitioner filed an appeal before the first appellate authority but failed to submit the copy of the adjudicating authority’s order. According to Rule 108(3) of the Central Goods and Services Tax Rules, 2017 (“the CGST Rules”), the assessee is required to submit the order copy within seven days of presenting the appeal. Due to this procedural lapse, the appellate authority rejected the appeal.

Issue

Whether the Revenue department can reject a refund application based solely on a procedural lapse.

Held

The Hon’ble Madras High Court held:

The writ petition was disposed of accordingly.

Liked the post? Share this:
editor
editor@nyca.in
No Comments

Post A Comment

Disclaimer

We have taken all steps to ensure that the information on the website has been obtained from reliable sources and is accurate. However, this website is not intended to give legal, tax, accounting or other professional guidance. We recommend appropriate advice be taken prior to initiating action on specific issues.