Case Laws
High Court of CalcuttaAppellate Authority

GSPR Developers (P.) Ltd. v. State of West Bengal

In favour of the assessee

The ruling in brief

GSPR Developers Pvt. Ltd. approached the Calcutta High Court (WPA No. 263 of 2026, 11 June 2026) after its Section 107 appeal was dismissed as time-barred. The adjudication order had been communicated only to its accountant, who failed to inform the company, delay surfacing when recovery began; pre-deposit had been paid. Das De J condoned delay for sufficient cause and directed admission of the appeal. Outcome favoured the assessee. Internal communication failures by agents may constitute sufficient cause for condonation when combined with compliance on pre-deposit. This note is published for Chartered Universe GST case-law research and does not constitute legal advice. Readers should consult the full order, confirm the decision date and citation, and assess whether later statutory changes affect reliance before advising clients or filing appeals.

For information only — not legal advice. Read the full judgment and applicable law before relying on this summary.

Provisions considered

CGST S.107CGST S.79
  • CGST S.107 — Appeals to the Appellate Authority.
  • CGST S.79 — Recovery of tax and other dues payable to Government.

Source documents

Similar rulings

High Court of Karnataka

In favour of the assessee; matter remanded

Sepl Infra (P.) Ltd. v. Joint Commissioner of Commercial Taxes (Appeals)

Sepl Infra (P.) Ltd. challenged before the Karnataka High Court (WP 104931 of 2026, 9 July 2026) the dismissal of its appeal under Section 107 after it belatedly discovered an adjudication order that had not been uploaded in the regular GST portal tab and was not fully served. The assessee had meanwhile complied with the statutory pre-deposit under Sections 78 and 79. The court found that delayed knowledge coupled with deficient portal communication and incomplete service justified writ relief despite limitation arguments. The appellate dismissal was set aside, delay in filing the appeal was condoned, and the appeal was restored for adjudication on merits. Outcome: in favour of the assessee; matter remanded to the Joint Commissioner (Appeals) for a merit-based decision in accordance with Section 107.

CGST S.107CGST S.79CGST S.78
High Court of Delhi

In favour of the assessee

H.K. Impex v. Commissioner of DGST

H.K. Impex filed W.P.(C) No. 13924 of 2026 before the Delhi High Court (21 September 2026) when its appeal was rejected as time-barred based on upload of the demand order on the GST Common Portal alone. Under Sections 107 and 169 CGST, mere portal upload without separate service or acknowledgement does not start the appeal limitation clock. The Court allowed filing within four weeks. Outcome favoured the assessee. Taxpayers should document how orders were received; departments should follow formal service norms to fix limitation. This note is published for Chartered Universe GST case-law research and does not constitute legal advice. Readers should consult the full order, confirm the decision date and citation, and assess whether later statutory changes affect reliance before advising clients or filing appeals.

CGST S.107CGST S.169
High Court of Delhi

In favour of the assessee

Aakash Gupta v. Goods and Services Tax Appellate Tribunal

Multiple writ petitioners including Aakash Gupta approached the Delhi High Court (W.P.(C) Nos. 12808 et seq., 14 September 2026) because GSTAT insisted on pre-deposit for appeals arising from penalty-only show cause notices issued before the amended pre-deposit requirement. Sections 107 and 112 CGST govern first and second appeals; the right of appeal vests when the SCN is issued. The Court held the new pre-deposit condition could not apply retrospectively to penalty-only cases from pre-amendment SCNs, and directed GSTAT to entertain those appeals without pre-deposit. Outcome favoured assessees. Penalty appeals tied to older SCNs should be filed under the law as it stood when the notice was issued. This note is published for Chartered Universe GST case-law research and does not constitute legal advice. Readers should consult the full order, confirm the decision date and citation, and assess whether later statutory changes affect reliance before advising clients or filing appeals.

CGST S.112CGST S.107
High Court of Calcutta

In favour of the assessee

VA Tech Wabag Ltd. v. Assistant Commissioner of Revenue, Salt Lake

In W.P.A. No. 14369 of 2024 (Calcutta High Court, 11 September 2026, Smita Das De, J.), VA Tech Wabag Ltd. challenged dismissal of its appeal against an adjudication order passed by the Assistant Commissioner of Revenue, Salt Lake circle, under the CGST Act. The appeal was delayed because the business manager handling GST filings was incapacitated by serious illness; mandatory pre-deposit under Section 107 had nonetheless been remitted. The Appellate Authority rejected the appeal solely for lateness without engaging with the illness explanation. The court held such approach hyper-technical where statutory pre-deposit signified bona fide intent to pursue remedies. Sufficient cause for condonation was found; the appeal was restored for merit-based adjudication. The decision mirrors sibling batch matters and reinforces that appellate authorities must apply condonation principles rather than formulaic dismissal. Outcome: in favour of the assessee. Editorial summary for Chartered Universe readers; not legal advice.

CGST S.107
High Court of Calcutta

In favour of the assessee

VA Tech Wabag Ltd. v. Assistant Commissioner of Revenue

VA Tech Wabag Ltd. approached the Calcutta High Court (WPA Nos. 14367, 14368, 14369, 14371 and 14372 of 2024, 10 September 2026; Smita Das De, J.) after the Appellate Authority rejected multiple appeals under Section 107 of the CGST Act on limitation grounds. The company had paid mandatory pre-deposit but filed appeals late because the employee entrusted with GST compliance suffered serious illness, documented through medical certificates. The appellate forum declined condonation and did not examine whether sufficient cause existed. The court observed that mechanical rejection despite pre-deposit and credible medical explanation was hyper-technical and inconsistent with justice-oriented limitation jurisprudence. Delay reckoned from communication of the underlying adjudication orders was ordered condoned, appeals directed to be registered and heard on merits within the Section 107 framework. Outcome: in favour of the assessee. Practitioners should note that illness of responsible personnel may constitute sufficient cause where properly evidenced. Not legal advice.

CGST S.107
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