Condonation of delay in filing appeal – Appellate Authority bound to abide by HC Judgment

K. L. Johar & Company Vs State Tax Officer (Kerala High Court)

HC held that Once this Court directed that the time spent in the writ petition is to be excluded, the Appellate Authority could not have done otherwise. However, contrary to the binding observations of this Court, extracted above, the Appellate Authority refused to condone the delay citing the reason that statute permits condonation of delay only up to 30 days. Since this Court had directed the Appellate Authority to exclude the period spent by the petitioner in pursuing the litigation i

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