Which orders are appealable under Section 121 of the CGST Act, 2017?

Section 121 CGST Act

Case Title

Mahila Griha Udyog Lijjat Papad vs Commercial Tax Officers

Court

Karnataka High Court

Honorable Judges

JUSTICE S.R.KRISHNA KUMAR

Citation

2022 (8) GSTPanacea 303 HC Karnataka

WRIT PETITION No.15547 OF 2022 (T-RES)

Judgement Date

12-AUGUST-2022

Council for Petitioner

Ms. VEENA J. KAMATH and Mr. KAMATH & KAMATH

Council for Respondent

Ms. HEMA KUMAR

In favour of

Petitioner

Section

Section 121 of The CGST Act,2017

The Karnataka High Court, Bengaluru bench of Justice S.R Krishna Kumar, has held that the impugned endorsement dated 20.07.2022 issued by respondent No.1 is hereby quashed.  

FACTS OF THE CASE

The Main question in this petition was about the maintainability of appeal. The Respondent had rejected the appeal without the application of mind and principle of natural justice. The order under which appeal was preferred was also not covered under Section 121 of The CGST Act which provides for order against which appeal cannot be preferred.

Section 121 CGST Act

COURT HELD

The Court held that in order to contend that while Section 107 enables a person to prefer an appeal against any decision or order which are actually exclusive and independent of each other, a perusal of Section 121 of the said Act of 2017 will clearly indicate that except for the non-appealable decision and orders which are expressly described and enumerated in Section 121 of said Act of 2017, all other orders and/or decisions passed by the authorities would be appealable under Section 107 of the said Act of 2017 and respondent No.1 having failed to consider this aspect of the matter, the impugned order deserves to be quashed. It is also submitted that no opportunity was granted in favour of the petitioner to urge all contentions including the contentions with regard to maintainability of the appeal qua Sections 107 and 121 of the said Act of 2017 and on this ground also, the impugned order at Annexure-A deserves to be quashed.

Though several contentions have been urged by both sides in support of their respective claims, a perusal of the impugned endorsement will indicate that respondent No.1 has not considered or appreciated the scope and ambit of Section 107 R/w. Section 121 of the said Act of 2017 and consequently, the impugned endorsement being unreasoned, non-speaking, arbitrary, cryptic and laconic, the same deserves to be quashed. So also, in view of the specific assertion on the part of the petitioner that no opportunity was granted to the petitioner to urge all their contentions before respondent No.1, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner to put forth all contentions in support of its claim, I deem it just and appropriate to set aside the impugned endorsement and remit the matter back to respondent No.1, the appellate authority for reconsideration afresh in accordance with law. The impugned endorsement dated 20.07.2022 issued by respondent No.1 is hereby quashed.

Section 121 CGST Act

ANALYSIS OF THE JUDGEMENT

By noticing the above order we analyse that only the orders covered under Section 121 of the CGST Act provides the order under which appeal cannot be preferred. Apart from Section 121 the CGST Act, all orders under GST Act are appealable and the Court cannot reject the same directly without proper application of mind.

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Mahila Griha Udyog Lijjat Papad

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Karnataka High Court