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IHSEDU AGROCHEM PRIVATE LIMITED vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Prakash Shah
Jas Sanghavi
Shamik Gupte
Res. Counsel
S.r. Ketkar
Satyaprakash Sharma

Petitioner / Applicant

IHSEDU AGROCHEM PRIVATE LIMITED

Respondent UNION OF INDIA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Dec 14, 2024
Order No.

WRIT PETITION (L) NO. 36189 OF 2024

Citation

2024(12) TAXREPLY 11870

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ORDER

P.C. (JITENDRA JAIN, J.):- 1. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the Order-in-Appeal dated 7 August 2024 passed by respondent No. 2, i.e. the Commissioner (Appeals-II). 3. The petitioner filed an appeal under Section 107 of the Central Goods and Services Act (CGST Act) with respondent No. 2. The said appeal was heard by respondent No. 2. However, without giving any opportunity, the appellate authority dismissed the appeal on the ground that there is a delay in filing the appeal. The appellate authority further states that the board resolution authorizing Mr. Udeshi to sign the appeals has also not been filed, although the opportunity was granted on this issue to rectify the default. 4. We have heard learned counsel for the petitioner and respondent. 5. Admittedly, the ground....

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