High Court of Uttarakhand17 July 2026

Radhika Furniture @ Radha Devi v. Commissioner, State Goods and Services Tax

For revenue

WRIT PETITION (M/S) NOS. 716 OF 2024 AND 86 OF 2025

The ruling in brief

Where assessees' appeals under Section 107 were dismissed as time-barred and sought condonation beyond statutory limits invoking Section 5 read with Section 29(2) of Limitation Act, since GST is a special fiscal statute prescribing specific limitation with restricted condonation, Section 5 stood excluded by necessary implication and appeals beyond prescribed period could not be entertained

Provisions considered

Section 107 of Central Goods and Services Tax Act, 2017/Uttarakhand Goods and Services Tax Act, 2017 - Section 5, read with section 29(2), of Limitation Act, 1963

This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.

The ruling in brief

Related rulings

Delhi High Court16 Sept 2026

For revenue

Katyani Exports v. Union of India

Where DGGI issued composite show-cause notice to 146 noticees in proceedings relating to alleged IGST refund and ITC fraud, Notification No. 2/2017 as amended by Notification No. 2/2022 was held to validly confer pan-India jurisdiction on officers for DGGI SCNs and circular allocating competent adjudicating officer was held to merely regulate allocation without conferring jurisdiction, therefore jurisdictional challenge was to be rejected GST: Where composite SCN arising from DGGI investigation was assigned to common adjudicating authority based on highest amount of demand criterion, such criterion was held objective, quantifiable and uniformly applicable with rational nexus to single and consistent adjudication of one cause, and its application did not involve impermissible sub-delegation or enlargement of jurisdiction GST: Where Additional Commissioner, CGST, Delhi acting as common adjudicating authority passed order against Haryana-registered petitioners, appellate forum was held to lie before Commissioner (Appeals) of Commissionerate where common adjudicating authority was posted as already notified under Table III of Notification No. 2/2017 and clarificatory circular merely reiterated said position

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Where petitioner’s statutory appeal delay was due to non-communication by CA not attributable to petitioner, and refusal to consider appeal on merits would cause serious prejudice, delay in filing was condoned and Appellate Authority was directed to hear appeal on merits

CGST S.107

GSTAT Raipur24 Sept 2026

Cheema Local Carrier and Construction v. Commissioner State GST

Where appellants challenged ex parte orders based on allegedly seized evidence and appellate authority dismissed appeals through identical, non-reasoned orders without dealing with seven distinct grounds or cited authorities, such non- speaking orders failed to exercise appellate jurisdiction and breached principles of natural justice, thus, considering foundational infirmities and ensuring fair opportunity, matter was to be remanded to original adjudicating authorities

Related rulings

Delhi High Court16 Sept 2026

For revenue

Katyani Exports v. Union of India

Rajasthan High Court20 Aug 2026

For assessee

New Godara Trading Co. v. State of Rajasthan

CGST S.107

GSTAT Raipur24 Sept 2026

Radhika Furniture @ Radha Devi v. Commissioner, State Goods and Services Tax

The ruling in brief

Provisions considered

Radhika Furniture @ Radha Devi v. Commissioner, State Goods and Services Tax

The ruling in brief

Provisions considered

Read the full analysis

Katyani Exports v. Union of India

New Godara Trading Co. v. State of Rajasthan

Cheema Local Carrier and Construction v. Commissioner State GST

Read the full analysis