Principal Commissioner CGST vs. Ms Idp Education INDIA PVT LTD

SERTA/4/2024HC DelhiGSTCNR DLHC01004740202419 July 2024Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA2 pages
For Petitioner: Mr. Aditya Singla, SSC along with Mr. Rtiwik Saha and Mr. Raghav Bakshi, AdvsFor Respondent: Mr. Tarun Gulati, Sr. Adv. with Mr. Arghadeep Roy & Mr. Devansh Garg, Advs
AI SummaryDismissed

Facts

The Principal Commissioner CGST, the appellant, filed an appeal before the Delhi High Court challenging an order dated October 28, 2021, passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The appeal was presented to the High Court on February 7, 2024, approximately 626 days after the CESTAT order. The appellant sought condonation of this significant delay. The respondent is MS IDP Education India Pvt Ltd. The judgment does not specify the tax period or the amount in dispute.

Held

The Court held that the explanation provided for the delay of over 600 days was insufficient to warrant condonation. The appellant's submission of 'internal correspondences' was not considered a valid reason for such a prolonged delay. Consequently, the application for condonation of delay was dismissed. As a result of the dismissal of the delay condonation application, the appeal itself, along with any pending applications, was consigned to the record, meaning it was not considered on its merits.

Key Issues

1. Whether the delay of approximately 626 days in filing the appeal before the High Court, against the order of the CESTAT dated October 28, 2021, warrants condonation. The appellant argued that the delay was due to internal correspondences and administrative processes. The respondent's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SERTA 4/2024 & CM APPL. 8108/2024 (Stay) PRINCIPAL COMMISSIONER CGST .....Appellant Through: Mr. Aditya Singla, SSC along with Mr. Rtiwik Saha and Mr. Raghav Bakshi, Advs. versus MS IDP EDUCATION INDIA PVT LTD .....Respondent Through: Mr. Tarun Gulati, Sr. Adv. with Mr. Arghadeep Roy & Mr. Devansh Garg, Advs. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R %

19.07.

2024

CM APPL. 8109/2024 (626 Days Delay)

1.

The instant application has been moved seeking condonation of delay caused in preferment of the instant appeal and which is directed against the order dated 28 October 2021 passed by the Customs, Excise and Service Tax Appellate Tribunal [‘CESTAT’].

2.

Undisputedly, the appeal was presented before this Court for the first time on 07 February 2024. As we go through the explanation which is proffered, we find that apart from internal correspondences which are alluded to, there is no explanation which may warrant consideration for the purposes of considering condoning the delay of more t

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