Appellant Authority cannot reject appeal merely on the ground that order copy was not furnished physically


Quick Summary
The Calcutta High Court has ruled that an appeal cannot be rejected simply because a physical copy of the order was not submitted within the deadline. In a case where an appellant filed their appeal electronically, the court found that rejecting it on the grounds of a missing physical copy was not valid. The High Court set aside the rejection and ordered the Appellate Authority to consider the appeal on its merits.

Court :
Calcutta High Court

Brief :
The Hon'ble Calcutta High Court in Rama Shanker Modi v the Assistant Commissioner, Central Goods And Services tax and Central Excise [WPA 15639 of 2023 dated July 20, 2023] set aside the impugned order and held that mere non filing of order physically within the time limit cannot be a valid ground to rejection of appeal.

Citation :
WPA 15639 of 2023 dated July 20, 2023

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Bimal Jain
Published in GST
Views : 265

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