MOREFUN COMMUNICATION PVT. LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge is against the assessment order dtd. 22/6/2019 passed by the Assistant Commissioner, State Tax Gandhi Maidan Circle, Patna, contained in Annexure-6 to the writ petition.

(2.) The entire demand has been paid, submits the learned counsel for the petitioner, and the prayer is for permitting an appeal to be instituted under Sec. 107 of the Bihar Goods and Services Tax Act, 2017. The delay was occasioned, according to the counsel for the petitioner, due to Covid Pandemic situation and the death of the father of the counsel for the petitioner.

(3.) Sec. 107 (4) of the Act provides for an appeal within three months and also permits condonation of delay if the appeal is filed within a further period of one month. As has been held by Hon'ble the Supreme Court when there is a specific time provided for condonation of delay, the Appellate Authority or the Tribunal cannot exercise the power to condone the delay beyond the period specified and in such circumstances, Sec. 5 of the Limitation Act has absolutely no application.