INSTRUCTIONS

Instruction No. Subject
Instruction No. 03/2022-GST dt.14.06.2022 Procedure relating to sanction, post-audit and review of refund claims

CIRCULARS

Circular No. Subject
Circular No. 238/32/2024-GST dt. 15.10.2024 Clarification of various doubts related to Section 128A of the CGST Act, 2017.
Circular No. 237/31/2024-GST dt.15.10.2024 [Para 3] Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017.
Circular No. 31/05/2018 - GST dt.09.02.2018 Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017

PRESS RELEASE

Date

Subject

21.07.2018 [Para 2(12)] Recommendations made during the 28th meeting of the GST Council

PORTAL RELATED UPDATES

Date Subject
10/11/2023 Advisory for the procedures and provisions related to the amnesty for taxpayers who missed the appeal filing deadline for the orders passed on or before March 31, 2023

COMMUNITY INSIGHTS

Topic

Publish Date

Bombay High Court Condones Marginal Delay in Appeal Filing Due to Late Order Communication

In a significant ruling that underscores the importance of procedural fairness and the practical realities faced by taxpayers, the Hon’ble Bombay High Court recently set aside an Order-in-Appeal that had dismissed an appeal solely on the grounds of a marginal delay. The case, RELIANCE SECURITIES LIMITED VERSUS THE COMMISSIONER (APPEALS) -II OF CGST & CENTRAL EXCISE, MUMBAI & ORS............... Read More

27.06.2025

Section 107(4) GST Appeals: The 3+1 Month Challenge

Picture this: A small business owner, swamped with year-end compliance work, receives a GST adjudication order demanding a hefty tax payment. Shocked but determined to contest it, she prepares to file an appeal. But in the chaos of audits and paperwork, she misses the deadline — by just a couple of weeks. When she finally files the appeal, it’s rejected outright. Why? Because she crossed the 3 months + 1 month limit................... Read More

17.06.2025

Pre-Deposit Refund Delayed? Courts Say That's Unconstitutional

"Justice delayed is justice denied," they say. But what if it's delayed not by courts—but by portals, procedural rigidity, and a misinterpretation of the word "may"? This is the story of a taxpayer who fulfilled every requirement under the law, won their appeal fair and square, and yet had to knock on the doors of the High Court just to get back what was rightfully theirs—a statutory pre-deposit................... Read More

05.06.2025

CASE LAWS

Authority

One liner

2025(09)LCX0126

Madras High Court

Sharp Tanks & Structurals Pvt. Ltd.

Portal upload alone didn’t “communicate” the order; limitation starts only on effective communication, not mere upload.
2025(09)LCX0005

Punjab & Haryana High Court

Banarasi Dass Ram Avtar

When the Tribunal isn’t functional, pre-deposit plus undertaking per CBIC Circular secures statutory recovery-stay pending future Tribunal appeal.
2025(09)LCX0002

Bombay High Court

Liberty Oil Mills Ltd.

When service is doubtful and opportunity to rebut is denied, limitation can’t defeat the appeal—restore on merits.
2025(08)LCX0164

Delhi High Court

Raghunath Enterprises

Consolidated SCNs spanning multiple years are valid in fraudulent ITC matters; remedy lies in statutory appeal, not writ.
2025(08)LCX0068

Madhya Pradesh High Court

Adama India Private Limited

Alternate remedy doctrine reaffirmed—writ jurisdiction will not bypass the GST appeal framework or extend limitation absent exceptional circumstances.
2025(07)LCX0093

Jammu & Kashmir High Court

Dixon Engineering

Restoration of GST registration permissible on tax compliance, even if appeal time has lapsed.
 
2025(07)LCX0069

Delhi High Court

Bhupender Kumar

Writ relief was denied as serious allegations of fraud and factual disputes must be resolved through statutory appellate remedies.
 
2025(07)LCX0046

Madras High Court

Indian Spices

Writ allowed conditionally to uphold natural justice despite delay in appeal filing.
 
2025(06)LCX0457

Karnataka High Court

Apkon Ventures Private Limited

Disregard of court-granted liberty and initiation of parallel proceedings vitiate both adjudication and appellate orders.
2025(06)LCX0456

Madras High Court

Tvl Altec Fabricators

Conditional relief granted despite delay, balancing procedural compliance with substantive justice
2025(06)LCX0455

Madras High Court

M R Pro Tech Private Limited

Delayed appeal may be entertained conditionally to avoid denial of substantial justice, despite procedural lapse.
2025(06)LCX0443

Madras High Court

Kaajal Agarwal

Delay in filing appeal due to pending rectification plea is condonable when justified and accompanied by pre-deposit.
2025(06)LCX0442

Madras High Court

Rohini Hotels (Madras) Private Limited

Clerical mistakes in summary assessment cannot preclude appellate remedy when delay is explained and deposit is made.
2025(06)LCX0420

Madras High Court

Patil Construction & Infrastructure Limited

Appeal allowed beyond limitation to uphold justice where rectification route was mistakenly pursued.
2025(06)LCX0310

Madras High Court

Lucky Traders

Delay in appeal filing due to non-service of physical order copy may be condoned by writ court in interests of justice.
 

2025(05)LCX0571

Allahabad High Court

Mayank Mineral

When SCN flags discrepancies and seeks documents, a higher final GST demand does not violate Section 75(7).

2025(05)LCX0566

Delhi High Court

Amit Gupta

Pre-deposit for GST appeal cannot be demanded twice for duplicated tax liability.

2025(05)LCX0540

Gauhati High Court

Jenia Namchoom

GST registration cancellation can be set aside under Article 226 when revocation is barred solely on limitation.
2025(05)LCX0322

Delhi High Court

Lala Shivnath Rai Sumerchand Confectioner Private Limited

Pre-deposit relief granted and matter relegated to appellate authority due to prima facie duplication in ITC-related demands.
 
2025(05)LCX0145

Delhi High Court

Aushta Enterprises

Writ petition dismissed as natural justice was deemed complied; remedy lies in appeal.
2025(05)LCX0124

Delhi High Court

MHJ Metaltechs Private Limited

Writ not entertained in ITC fraud case; petitioners directed to appellate remedy.
2025(05)LCX0121

Chattisgarh High Court

Alligare Chem Private Limited

Writ dismissed for alternate remedy; liberty granted to raise issues in appeal.
2025(05)LCX0006

Allahabad High Court

Kishan Chand And Co

Procedural delay in submitting a certified copy of order or decision u/r 108(3) CGST Rules cannot defeat a timely e-filed GST appeal.
2025(04)LCX0444

Delhi High Court

Impressive Data Services Private Limited

Pre-deposit requirements under Section 107(6) CGST Act are mandatory and cannot be waived by courts.
2025(04)LCX0046

Allahabad High Court

Simla Gomti Pan Products Private Limited

Dismissal of the assessee GST appeals as time-barred is quashed as the appellate authority improperly failed to consider the exclusion of time spent pursuing remedies before the HC and SC under Section 14 of the Limitation Act.
2025(03)LCX0385

Calcutta High Court

Nandadulal Pal

Noting the assessees compliance with pre-deposit and the absence of an appellate tribunal, order rejecting appeal due to delay of 28 days was set aside
2025(02)LCX0425

Andhra Pradesh High Court

Star Enterprises

Limitation period for filing appeals against orders passed before 31.03.2023 was extended by G.O.Ms.No.551, dated 16.11.2023
2025(02)LCX0309

Madras High Court

Tvl Chennais Pet

Order rejecting of the assessee appeal due to delay is set aside and remanded for fresh consideration as assessee was unaware of proceedings
2025(02)LCX0304

Karnataka High Court

S K Takappa

Appeal filed on 22.03.2024 against the order which was communicated through e-mail on 22.12.2023 is within 90 days period u/s 107 of GST Act and is thus directed to be heard for fresh orders.
2025(02)LCX0009

Delhi High Court

Addichem Speciallity LLP

Appeals filed beyond the limitation period specified in Section 107 of the CGST Act cannot be entertained and the general provisions of the Limitation Act do not apply when the statute provides a specific timeframe for appeals.
2025(02)LCX0006

Patna High Court

Brand Protection Services Private Limited

Appeal filed u/s 107 of GST Act within the condonable one-month period after the initial three-month limitation cannot be rejected on grounds of delay
2025(01)LCX0494

Madras High Court

Tvl S V Technick

Appellate authority is directed to re-examine the assesse appeal timeliness u/s 107 of the GST Actas limitation should have been reckoned on the basis of 3 months from the date of receipt of the order and not 90 days + 30 days
2025(01)LCX0479

Calcutta High Court

Eastern Impex Corporation

As the appellate authority failed to exercise the jurisdiction to allow appeal within a further period of one month vested in it, delay in filing appeal was condoned as there was no lack of bonafide on the part of assessee.
2025(01)LCX0465

Madras High Court

DSM Soft Private Limited

Crediting of cash ledger to the extent of 10% would result in compliance with the statutory condition of pre-deposit for Section 107 CGST Act and failure to generate the DRC-03 is only technical violation.
2024(09)LCX0575

Calcutta High Court

Ravi Kumar Sahani

Marginal delay in GST appeals is condonable under Limitation Act despite absence of express provision
2024(09)LCX0574

Calcutta High Court

Surekha Shah

Minor delay in GST appeal filing warrants condonation, especially in absence of GST Tribunal.
2024(09)LCX0571

Allahabad High Court

Wonder Enterprises

Passing an appellate order on a date later than the hearing without statutory backing violates GST procedural fairness.
2024(09)LCX0311

Madras High Court

Tvl Canply

Order dismissing the late appeal is set aside as assessee had not given an opportunity to contest the assessment before the order was made.
2024(08)LCX0404

Madhya Pradesh High Court

Richa Constructions

Court has dismissed a petition challenging an order demanding Rs. 73,26,509, citing non-compliance with mandatory 7.5% pre-deposit requirement for appeals, and allowed the petitioner to approach the Appellate Authority under Section 35(F) of the Central Excise Act, 1944.
2024(06)LCX0038

Madras High Court

Thangadurai Nadar Steels & Hardware and Paints

Opportunity will be given to assessee to submits his contention, if the delay in filing appeal is marginal.
 
2024(04)LCX0207

Allahabad High Court

Jai Prakash Shiv Charan Bidi

Order in Appeal rejected merely on technical ground of not attaching certified copy of order u/s 74 with appeal is not allowed to stand.
2024(02)LCX0449

Patna High Court

Nitya Enterprises

The extraordinary jurisdiction under Article 226 should not be invoked when alternative remedies are available.
2024(01)LCX0450

Calcutta High Court

G L Kundu & Sons Steel Private Limited

In the event where statutory remedy is not available, writ petition is maintainable.
2024(01)LCX0340

Calcutta High Court

Arvind Gupta

Since provisions of Section 5 of the Act of 1963 have not been expressly or impliedly excluded by Section 107 of the Act of 2017 by virtue of Section 29(2) of the Act of 1963, Section 5 of the Act of 1963 stands attracted wherein appellate authority is left with discretion to allow an appeal to be presented within a period of one month after expiry of the period of limitation stipulated from the date of communication of the order upon sufficient cause being shown.
2024(01)LCX0298

Allahabad High Court

Murli Packers

Benefit of Section 14 of the Limitation Act granted to appeal u/s 107 of the GST Act
2024(01)LCX0285

Allahabad High Court

Garg Enterprises

Section 5 Limitation Act, 1963 does not apply to Section 107 CGST Act
2023(12)LCX0372

Calcutta High Court

S K Chakraborty & Sons

By virtue of section 29(2), Section 107 of the Act of 2017 does not prohibit the applicability of section 5 of the Limitation Act, 1963.
2021(02)LCX0239

Andhra Pradesh High Court

Ali Cotton Mill
Appeal u/s 107 can be filed electronically or manually as per Rule 108
2022(09)LCX0216

Supreme court of india

BM Construction
Assessee can file further appeal under Section 107 of GST Act against the order of assessment.
2020(09)LCX0010

Orissa High Court

Paradeep Phosphates Ltd
Non-speaking refund rejection under inverted duty structure remitted; appellate remedy under Section 107 remains open.
 
2020(08)LCX0043

Madhya Pradesh High Court

Jagdish Arora
Bail granted for offence u/s 132(1)(a) as petitioner had resigned from directorship of the company.
2020(07)LCX0003

Allhabad High Court

Vrishank Advertising
Revocation rejection quashed; CGST (Removal of Difficulties) Order 2020 extends revocation period to 31 Aug 2020.
 
2020(02)LCX0144

Orissa High Court

Debabrata Mishra
Appeal filed beyond condonable limit under Section 107; writ allowed for liberal reconsideration by department.
 
2018(12)LCX0019

Himachal Pradesh High Court

Scott Edil Pharmacia Limited

On account of no Appellate Forum been notified, writ petition disposed of with remedy to file appeal once Forum is notified