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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update / 2026-27/0076

M/s New Godara Trading Co. v State of Rajasthan and various ors.

GST UPDATE

Condonation of delay should be granted where  there are sufficient reasons present which are beyond the control of the appellant.
Civil Writ Petition No.:12145/2026
Court: High Court of Rajasthan (Jodhpur Bench)
Case Title: M/s New Godara Trading Co. v State of Rajasthan and various ors.
Outcome:In favour of Appellant
Judgement Date: 20.08.2026
 

BRIEF FACTS OF THE CASE:

M/s New Godara Trading Co. (petitioner) preferred an appeal against an order-in-original. However, same was rejected by the appellate authority on the grounds of the limitation. Being aggrieved by the rejection order, appellant preferred a civil writ petition and sought relief in the form of appeal remedy against the order-in-original. The appeal was sought to be filed as per Section 107 of the CGST Act 2017 irrespective of the time limit mentioned under sub-clause 4 of Section 107 of CGST Act.

QUESTION BEFORE HON’BLE COURT:

  • Whether condonation of delay should be granted where the appeal has been filed belatedly due to reasons being in the nature of uncontrollable in hands of the appellant and genuine?
 
BRIEF ARGUMENTS BY PETITIONER:
Petitioner submitted following contentions: -
  • That the present matter is squarely covered by the facts of the case of M/s Pratap Power Spares v. Union of India & ors [Civil Writ Petition No. 9882/2024) in which judgment was given by Jaipur bench of this court. In the judgement it was observed that an appeal was filed by the appellant against an order passed by the adjudicating authority. However, the same was dismissed by the appellate authority on the grounds of limitation and on the basis that the appellate authority does not have power to condone the delay in filing the appeal. Consequently, this writ petition was preferred by the Petitioner. Petitioner submitted that the delay occurred due to the fact that wife of the proprietor firm was suffering from severe disease during the relevant period and was required to undergo regular medical treatment which led to the proprietor not being able to attend the business affairs of the firm effectively. Thus, it was held that where the appellant produces sufficient reasons which are beyond his control leading to delayed filing of appeal, then in such case, appellate authority shall entertain the appeal filed by the appellant and adjudicate the same on merits.
  • Along with that, reliance was placed upon the following judgement given by this Hon’ble Court in the case of
M/s Kakar Automobiles v. Union of India & Ors. (D.B. Civil Writ Petition Number 13403/2026)
  • With regard to the reliance placed by the revenue department on the judgement given in the case of  Sharwan Singh Devda V. The Union of India & Ors. petitioner contended that there is no absolute bar to invoke extraordinary jurisdiction under Article 226 of the Constitution of India merely where the writ petition has been preferred after the expiry of the period prescribed for filing a statutory appeal, though not as a matter of course.
  • Further, it is submitted that the court has observed that in exceptional and extraordinary circumstances, may interfere with the original order, notwithstanding the expiry of the period of limitation. The instant case is not a matter of course and the court may interfere with the original order notwithstanding the fact that the period for filing appeal has been lapsed.

BRIEF ARGUMENTS BY REVENUE DEPARTMENT:

Revenue Department contended that:
  • That the appeal was filed beyond the limitation prescribed under relevant provision as provided by the CGST Act 2017, hence, deserves to be rejected. For this reliance was placed upon the judgement in the case of Sharwan Singh Devda v. Union of India & Ors. (Writ Petition No. 15910/2026) in which it was held that the court cannot disregard the limitation imposed by the statute. The writ jurisdiction cannot be invoked to bypass the statutory time period prescribed for filing appeal. Along with that, interference can be justified only in those case where order has been passed by completely ignoring the principles of natural justice or where there is inherent lack of jurisdiction. If such circumstances are missing, then in such case writ petition cannot be entertained.
 

FINDINGS & JUDGEMENT:

Following are the findings of the Court in the instant case:
  • It was observed that the appellate authority is bound by the statutory provisions of limitation under Section 107 of the CGST Act 2017. However, in the instant case, delay occurred due to the belated communication at the end of the petitioner’s Chartered Accountant about the fact that an order has been passed by the adjudicating authority. Thus, this led to filing of appeal beyond time limit specified under the Act. However, it was observed that the non-adjudication of the appeal on merits would cause grave injury and prejudice to the petitioner. Hence, the delay deserves to be condoned.
  • Based on above, the court gave direction to the appellate authority to consider and decide the appeal of the petitioner on its own merits, in accordance with law, subject to the petitioner firm depositing late fees, penalty and other statutory deposits for entertaining the appeal as admissible.
Thus, it was held that the writ petition by the petitioner is allowed and the direction was given to the appellate authority to consider the appeal and adjudicate the same on merits.
 
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