Johns Automotive Private Limited vs. Joint Commissioner (Appeals) – Ii

WP(C)/2277/2024HC KeralaGSTCNR KLHC01004879202419 January 2024Bench: HONOURABLE MR. JUSTICE D. K. SINGH4 pages
For Petitioner: SRI. JOB ABRAHAMFor Respondent: SMT. JASMINE M. M. - GP
AI SummaryAllowed

Held

The High Court held that in view of Notification No. 53/2023 – Central Tax, which extended the limitation period for filing appeals under Section 107(1) until January 31, 2024, the petitioner is entitled to file a fresh appeal. The Court directed that if a fresh appeal is filed by the extended date, it must be decided on merits, disregarding the earlier dismissal for delay.

Facts

The petitioner's input tax credit claim was disallowed by an assessment order, resulting in a demand of Rs. 34.86 lakhs. Their initial appeal against this order was dismissed by the first appellate authority solely on the ground of delay.

Key Issues

Whether the petitioner could file a fresh appeal against an assessment order, despite an earlier dismissal for delay, given a subsequent notification extending the limitation period for appeals.

Sections Cited

Section 107, Notification No. 53/2023 – Central Tax

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 WP(C) NO. 2277 OF 2024 PETITIONER: JOHNS AUTOMOTIVE PRIVATE LIMITED, JOHNS SQUARE, CCNB ROAD, MULLAKKAL, ALAPPUZHA, PIN – 688001, REPRESENTED BY ITS DIRECTOR JOHN A. THAYYIL. BY ADV. SRI. JOB ABRAHAM RESPONDENT: JOINT COMMISSIONER (APPEALS) - II, KERALA SGST DEPARTMENT, KOLLAM KOLLAM, PIN – 691002. BY ADV. SMT. JASMINE M. M. - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2277 OF 2024 2 DINESH KUMAR SINGH, J. -------------------------- W.P.(C) No. 2277 of 2024 ------------------------- Dated this the 19th day of January, 2024

JUDGMENT

1.

The petitioner is a dealer under the provisions of the CGST/KGST Act, 2017. The assessment order dated 23.02.2022 came to be passed disallowing the claim of input tax credit to the extent of Rs. 19,44,051/- along with interest and penalty total demand of Rs. 34,86,926/-. Aggrieved by the said assessment order in Exhibit P-1, petitioner filed appeal before the firs

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.