M/S Rakesh Kumar Jain vs. Union Of INDIA

WPT/260/2023HC ChhattisgarhGSTCNR CGHC01036192202316 July 2026Bench: HON'BLE SHRI JUSTICE RAKESH MOHAN PANDEY12 pages
AI SummaryDismissed

Held

The High Court held that the Commissioner (Appeals) correctly dismissed the appeal as it was filed beyond the statutory period of limitation, including the condonable period. The Court found no grounds to interfere with the appellate authority's decision.

Facts

The petitioner filed an appeal before the Commissioner (Appeals) beyond the prescribed limitation period. The Commissioner (Appeals) dismissed the appeal solely on the ground of delay, without considering the application for condonation.

Key Issues

Whether the appellate authority can condone delay beyond the statutory outer limit for filing an appeal. Whether the High Court can exercise writ jurisdiction to condone such delay.

Sections Cited

Section 35(1)

AI-generated summary — verify with the full judgment below

1

CGHC010361922023

2026:CGHC:30390

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPT No. 260 of 2023 • M/s Rakesh Kumar Jain Son Of Late Shri Bhagchand Jain, Aged About 59 Years Police Station - Road, Aklatara, District - Janjgir- Champa, Chhattisgarh.

... Petitioner(s) versus

1.

Union Of India Through The Secretary, Ministry Of Finance (Department Of Revenue) New-Delhi,

2.

Commissioner (Appeals) Central Excise And Service Tax, Cgst Building, Dhamtari -Road, Tikrapara, Raipur, Chhattisgarh

3.

Additional Commissioner Of Cgst, Central Excise And Service Tax, CGST Building, Dhamtari-Road, Tikrapara, Raipur, Chhattisgarh.

... Respondent(s) For Petitioner : Mr. Somnath Verma, Advocate For Respondents : Mr. Maneesh Sharma, Advocate Hon'ble Shri Rakesh Mohan Pandey, Judge Judgment on Board 17.7.2026

1.

The petitioner has filed this petition assailing the order passed by the Commissioner (Appeals), CGST and Central Excise, Raipur (C.G.) [hereinafter to be referred as ‘Appellate Authority’ ] dated 11.8.2023 whereby the Appellate Authority dismissed the appe

The judgment continues below.

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