Section 5 of the Limitation Act would not be applicable for appeal filed under GST

Last updated: 15 March 2024

Save Share

Quick Summary

The Allahabad High Court has ruled that Section 5 of the Limitation Act, 1963, does not apply to appeals filed under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017. The court dismissed a writ petition where an appeal was filed late, stating that the GST Act is a self-contained code and its provisions for extending appeal periods are specific. This decision clarifies that general provisions for condoning delays under the Limitation Act cannot be used for GST appeals.

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of M/s. Yadav Steels v. Additional Commissioner and Anr. [Writ Tax No. 975 of 2023 dated February 15, 2024] dismissed the writ petition, thereby holding that, Section 5 of the Limitation Act, 1963 ("the Limitation Act") would not be applicable for appeal filed under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 ("the UPGST Act").

Citation :
Writ Tax No. 975 of 2023 dated February 15, 2024

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?

No Ads
WhatsApp Community
Daily E-Newsletter
Unlimited Judgements Access
Profile Visitors
Link Social Profiles
Featured Job Posts
Pro Badge
Expert GST Guidance
Unlimited Forum Replies
Download Content in PDF

1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

154 Views Comment Share GST Report

Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

View Judgements

Comments