Va Tech Wabag LTD. vs. Assistant Commissioner Of Revenue, Salt Lake Charge And Ors.

WPA/14367/2024HC CalcuttaGSTCNR WBCHCA026679202410 September 2026Bench: HON'BLE JUSTICE SMITA DAS DE6 pages
AI SummaryAllowed

Held

The Court held that the First Appellate Authority was not justified in dismissing the appeal solely on limitation without considering the sufficient cause shown and the substantial compliance of pre-deposit. The appellate remedy should not be rendered illusory.

Facts

The petitioner filed an appeal after the statutory period due to the serious illness of a key person, despite paying the mandatory pre-deposit. The First Appellate Authority dismissed the appeal solely on grounds of limitation.

Key Issues

Whether the First Appellate Authority can dismiss an appeal on limitation without condoning delay when sufficient cause is shown and pre-deposit is made. Whether substantial compliance with pre-deposit requirements should lead to dismissal on technical grounds of limitation.

Sections Cited

Section 107, Section 73, Section 107(6), Section 107(1), Section 107(4)

AI-generated summary — verify with the full judgment below

10.09.

2026

Court No.10

DL/Item No.–17 to 21

[Milan] WPA 14368/2024 WPA/14369/2024 WPA/14371/2024 WPA/14372/2024 ….for the Petitioners

Ms. Manasi Mukherjee, Mr. Bijitesh Mukherjee ….for the State Mr. Bhaskar Pposad Banerjee,

2 Ms. Ekta Sinha ….for the CGST

In Re: WPA 14368 of 2024, WPA 14369 of 2024, WPA 14371 of 2024 & WPA 14372 of 2024

1.

In the course of hearing, this Court finds that the issues involved in these writ petitions are not identical in nature, let these

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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