High Court of Punjab & Haryana
Velnex Medicare v. Commissioner, Central Goods and Services Tax
CWP NO. 21075 OF 2025 (O & M)
The ruling in brief
Where assessee's appeal was dismissed for non-payment of 10 percent pre- deposit despite entire disputed tax already deposited during investigation, such dismissal was unjustified and writ petition was allowed as relief confined to procedural ground, with remand to Appellate Authority for fresh consideration, without addressing merits of original dispute.
Where appeal against adjudication order was dismissed solely on ground that copy of impugned order filed was not self-certified, such defect was curable and opportunity should have been granted to cure it, hence straightway dismissal was unsustainable and appeal deserved consideration on merits after opportunity to remove deficiency
Provisions considered
Section 107 of Central Goods and Services Tax Act, 2017/Punjab Goods and Services Tax Act, 2017 and Haryana Goods and Services Tax Act, 2017; Section 107 of Central Goods and Services Tax Act, 2017/Punjab Goods and Services Tax Act, 2017 and Haryana Goods and Services Tax Act, 2017 - Rule 108 of Central Goods and Services Tax Rules, 2017/Punjab Goods and Services Tax Rules, 2017 and Haryana Goods and Services Tax Rules, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.