Delay in GST Appeal: Telangana HC Granted Liberty to Approach Appellate Authority

Neha Sales Marketing Vs State of Telangana (Telangana High Court)

Telangana HC Allows Fresh GST Appeal Despite Delay – Relief to M/s. Neha Sales Marketing (AY 2017-18)

Introduction

Delays in challenging GST assessment orders can often leave taxpayers in a difficult position, especially when procedural timelines are missed. However, courts continue to strike a balance between strict compliance and ensuring access to justice. In a recent ruling dated 22.04.2026, the Telangana High Court provided relief to M/s. Neha Sales Marketing by allowing it to pursue the statutory appellate remedy despite a significant delay. The judgment reinforces the principle that technical delays should not override substantive justice, provided the taxpayer acts with reasonable diligence.

Case Background

The petitioner, M/s. Neha Sales Marketing, challenged an assessment order dated 19.12.2023 passed under Section 73 of the Telangana GST Act, 2017 for AY 2017-18.

Key Legal Issue

Whether the High Court should entertain a writ petition under Article 226 despite:

• Significant delay, and
• Availability of an alternative statutory remedy (appeal) under GST law

Arguments Presented

Petitioner’s Submissions:

• The delay was not intentional; knowledge of the order arose only in February 2025
• Sought permission to approach the Appellate Authority
• Requested direction for sympathetic consideration of delay condonation

Respondent’s Contentions:

• The State opposed the petition citing inordinate delay
• Relied on the Supreme Court ruling in
  Assistant Commissioner (CT) LTU Kakinada v. Glaxo Smith Kline Consumer Health Care Limited, emphasizing strict adherence to limitation principles

Court’s Observations