Rekha Rani v. the Union of India and Ors.
Case brief
What is this about?
Writ petition challenged a GST Order-in-Original confirming tax, ITC demands and penalty, and the appellate authority's refusal to entertain the appeal for failure to make the statutory pre-deposit under Section 107(6) CGST Act. Finding record evidence showed the shortfall had been discharged, the Division Bench treated this as a rare and deserving case, waived the pre-deposit, quashed the refusal
What did the court decide?
Order refusing appeal dated 06 May 2024 quashed; pre-deposit waived; appeal revived before the Appellate Authority to be decided on merits without further deposits.