ArticleGST Article

Absence of a Reasoned Order While Rejecting Condonation Plea is Unsustainable in Law

The Hon’ble Punjab and Haryana High Court in the case of Huawei Telecommunications (India) Company Private Limited held that rejection of the petitioner’s request for condonation of delay in receipt of export remittances under Rule 96A(1)(b) of the CGST Rules through a mere communication without passing a reasoned order after consideration of facts and without affording opportunity of hearing is unsustainable in law..

ArticleGST Article

SC decides on interpretation of Section 5 of the Limitation Act requiring “sufficient cause” demonstration for entire limitation period

The Hon’ble Supreme Court in the case of Shivamma (Dead) by LRs v. Karnataka Housing Board & Ors. held that for condonation of delay under Section 5 of the Limitation Act, 1963 the expression “within such period” means the entire duration from when the cause of action accrued or limitation commenced until actual filing