Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Inadvertent Non-Compliance of Pre-Deposit Condition: Madras HC Restores GST Appeal on conditions...
The Madras High Court has restored a GST appeal that was dismissed for non-compliance with the pre-deposit condition, citing that the assessee's failure was inadvertent. The court, while taking a lenient view, imposed certain conditions for the restoration. The petitioner had failed to make the mandatory pre-deposit required for filing the appeal, leading to its dismissal by the appellate authority. However, the High Court was convinced that the non-compliance was not deliberate. It directed the petitioner to make the pre-deposit within a specified timeframe. Upon fulfillment of this condition, the appeal would be restored and heard on its merits by the appellate authority. This decision showcases the court's willingness to provide a second chance to litigants who commit bona fide procedural errors, ensuring that their statutory right to appeal is not forfeited due to unintentional mistakes, while also safeguarding the revenue's interest through the pre-deposit.