Appeal cannot be rejected on procedural lapse of non-submission of order

Indian Potash Ltd. Vs Deputy Commissioner (ST) (Madras High Court)

The Hon’ble Madras High Court in Indian Potash Ltd. v. Deputy Commissioner (ST) [W. P. Nos. W.P. NOS. 12497, 12498, 12500 & 12501 OF 2024 of 2024 dated June 06, 2024] directed the adjudicating authority to entertain the appeal which was earlier rejected on non-submission of order copy by the assessee before the appellate authority.

Facts:

M/s. Indian Potash Ltd. (“the Petitioner”) filed IGST refund application pertaining to ocean freight, which was rejected by the adjudicating authority.

Aggrieved by the order the Petitioner filed an appeal before the first appellate authority, however, the Petitioner failed to submit the copy of order of the adjudicating authority which the assessee is required submit within seven days of presentation of the appeal before the adjudication authority as per Rule 108(3) of the Central Goods and Services Tax Rules, 2017 (“the CGST Rules”).

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