Bhani Chand vs. The UOI And Others

CWP/13357/2026HC Himachal PradeshGSTCNR HPHC01050599202607 August 2026Bench: HON'BLE MR. JUSTICE VIVEK SINGH THAKUR,HON'BLE MR. JUSTICE RANJAN SHARMA4 pages
AI SummaryRemanded

Held

The High Court set aside the Appellate Authority's order and remanded the matter back for a decision on merits. The Appellate Authority was directed to decide the appeal on its merits rather than dismissing it solely on the grounds of limitation.

Facts

The petitioner's appeal before the Appellate Authority under the GST Act was dismissed for being filed beyond the prescribed limitation period, including the extended period for condonation of delay. The petitioner approached the High Court assailing this dismissal order.

Key Issues

Whether the Appellate Authority erred in dismissing the appeal solely on the grounds of limitation without considering the merits, and if the delay in filing the appeal could be condoned.

Sections Cited

Section 107

AI-generated summary — verify with the full judgment below

2026:HHC:33205

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.13357 of 2026 Decided on: 07.08.2026. ________________________________________________________

Bhani Chand

...Petitioner

Versus

Union of India & Others

...Respondents

Coram

Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge

1Whether approved for reporting?.

For the petitioner:

Mr. Kartik Bansal, Advocate,

appeared through Video

Conferencing and Mr. Aman

Thakur, Advocate, present

in Court.

For the respondents: Mr. Balram Sharma, Deputy

Solicitor General of India

[Senior Advocate] with

Mr. Rajeev Sharma,

Advocate, for respondent

No.1-Union of India.

Mr. Sushant Keprate,

Additional Advocate General,

for respondents No.2 to 4-

State.

Vivek Singh Thakur, Judge [Oral]

Petitioner has approached this Court assailing the order dated 30.06.2025 [Annexure P-5] passed by Appellate Authority under Section 107 of 1 Whether reporters of Local Papers may be allowed to see the judgment?

2026:HHC:33205 GST A

The judgment continues below.

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