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Case Law Details

Case Name : Rajdhani Security Force Pvt. Ltd Vs Union of India (Madhya Pradesh High Court)
Appeal Number : Write Petition No.11498 of 2021
Date of Judgement/Order : 25/04/2022
Related Assessment Year :
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Rajdhani Security Force Pvt. Ltd Vs Union of India (Madhya Pradesh High Court)

Section 107 (1) of GST Act provides that an appeal can be preferred within a period of three (3) months from the date of the order, while Section 107 (4) of the Act stipulates that the Appellate Authority, if satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the period of limitation of 3 months, allow it to be presented within a further period of one month.

Thus, the total period during which the appeal ought to have been preferred was four months from the date of cancellation of registration dated 19.06.2019. However, despite lapse of four months, the appeal was not preferred by the appellant/petitioner, nor even in the memo of appeal, sufficient reasons for not filing the appeal in time were disclosed. There was unexplained delay of 1 1/2 years in filing the appeal.

We do not find any substance in the present petition. Accordingly, the same stands dismissed.

FULL TEXT OF THE JUDGMENT/ORDER OF MADHYA PRADESH HIGH COURT

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