Case Details: Uttam Prakash vs. Union of India - [2026] 186 taxmann.com 4 (Rajasthan)
Judiciary and Counsel Details
- Sanjeev Prakash Sharma, Actg. CJ. & Mrs Shubha Mehta, J.
-
Jaideep Malik, Adv. for the Petitioner.
-
Shiv Prakash Dhanera, Adv., Rohan Mittal, Kuldeep Singh Rathore, AAAGs & Ms Mahi Yadav, AAG for the Respondent.
Facts of the Case
The petitioner challenged the order passed by the appellate authority rejecting his appeal on the ground of limitation. The petitioner contended that the original order was merely uploaded on the common portal and was not communicated by email, phone, or any other mode prescribed under the statutory framework. The petitioner submitted that he was deprived of the opportunity to contest the order and that he ought to have been granted an effective chance to present his case, particularly on the date on which he had submitted his reply to the show cause notice (SCN). The appellate authority, however, rejected the appeal, holding that the delay was beyond the condonable period. The matter was accordingly placed before the High Court.
High Court Held
The High Court held that while the appellate authority’s view regarding the lack of power to condone delay beyond the period prescribed under Section 107 of the CGST Act was legally sustainable, the circumstances of the case could not be ignored where the petitioner was not properly informed of the original order. The Court observed that a petitioner cannot be left remedy-less merely due to procedural lapses in communication of the order, especially when statutory provisions under Section 169 of the CGST Act and Rajasthan GST Act, mandate proper service. It was held that the delay deserved to be condoned in the interest of justice. Accordingly, the Court directed revival of the appeal and its consideration on merits by the appellate authority in accordance with law.
List of Cases Reviewed
- Tecnimont (P.) Ltd. v. State of Punjab [2019] 111 taxmann.com 263/29 GSTL 737 (SC) (para 6) followed
List of Cases Referred to
- Eagle Trans Shipping and Logistics India (P.) Ltd. v. Union of India [D.B. Civil Writ Petition No. 15466 of 2025, dated 6-11-2025] (para 5)
- Tecnimont (P.) Ltd. v. State of Punjab [2019] 111 taxmann.com 263/29 GSTL 737 (SC) (para 6).
The post HC Revives GST Appeal Due to Improper Communication of Order appeared first on Taxmann Blog.
