High Court of Uttarakhand
Radhika Furniture @ Radha Devi v. Commissioner, State Goods and Services Tax
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