Principal Commissioner Of CGST And Central Excise vs. M/S Ozone Ayurvedics

I.A.(Civil)/2552/2025HC GauhatiGSTCNR GAHC01023839202410 August 2025Bench: HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA,HONOURABLE MR. JUSTICE ANJAN MONI KALITA2 pages
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Facts

The petitioner, the Principal Commissioner of CGST and Central Excise, Guwahati, sought condonation of a delay of 171 days in filing a connected appeal against an order or action by an unspecified authority concerning M/s Ozone Ayurvedics. The application for condonation of delay was filed before the Gauhati High Court. The respondent is M/s Ozone Ayurvedics. The specific tax period and the amount in dispute are not recorded in the provided text. The procedural history involves an application for condonation of delay before the High Court.

Held

The Court held that sufficient cause for the delay of 171 days in filing the appeal has been made out by the petitioner. Consequently, the delay of 171 days was condoned. The Court directed the Registry to list the appeal for hearing on the same day. The core reasoning is based on the petitioner's submission of grounds for condonation, which the Court found satisfactory. The ratio decidendi is that where a party demonstrates sufficient cause for a delay in filing an appeal, the High Court has the discretion to condone such delay. No specific GST provisions were discussed in relation to the substantive appeal, as the judgment only addresses the condonation of delay.

Key Issues

1. Whether sufficient cause has been made out for condoning the delay of 171 days in filing the appeal, as required under the relevant procedural rules governing appeals before the High Court. The petitioner argued that sufficient cause for the delay has been made out. The respondent's arguments are not recorded in the judgment. The issue hinges on the interpretation and application of the court's rules regarding condonation of delay.

AI-generated summary — verify with the full judgment below

Before: HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

Date : 11/08/2025 (Michael Zothankhuma, J)

Mr. S.C. Keyal, learned counsel for the applicant submits that there is a delay of 171 days in filing the connected ap

The judgment continues below.

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