GST ArticleHigh Court

Appellate Authority has the discretion to allow an appeal presented after the expiry of the limitation period

The Hon’ble Calcutta High Court in the case of Arvind Gupta held that the Appellate Authority has the discretion to allow an appeal to be presented within one month after expiry of the period of limitation stipulated from the date of communication of the order upon sufficient cause being shown as per Section 107(4) of the CGST Act.

GST ArticlePre-GST

Extended period of limitation cannot be invoked on a legitimate buyer

The CESTAT, Kolkata in M/s Jai Balaji Industries Limited v. Commissioner of Central Excise had set aside the order demanding excise duty and held that the buyer who has paid a valuable consideration could not be proceeded upon by taking the aid of a larger period of limitation as per Section 11A(1) of the Central Excise Act, 1944 unless it is proved that the buyer was also involved in fraud.