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Case Law Details

Case Name : In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka)
Appeal Number : Advance Ruling No. KAR/AAAR/06/2019-20
Date of Judgement/Order : 24/12/2019
Related Assessment Year :
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In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka)

The appellate authority for advance ruling dismiss the appeal filed by the appellant M/s. Durga Projects & Infrastructure Pvt Ltd, on grounds of time limitation.

It is evident that this Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of the CGST Act is concerned, the crucial words are “not exceeding thirty days” used in the proviso to sub-section (2). To hold that this Appellate Authority could entertain this appeal beyond the extended period under the proviso would render the phrase ‘not exceeding thirty days’ wholly otiose. No principle of interpretation would justify such a result. Therefore, we hold

FULL TEXT OF ORDER OF APPELLATE AUTHORITY OF ADVANCE RULING, KARNATAKA

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