GST: Appeals and Refund Applications can be filed before 28.02.2022 if covered by Supreme Court order extending the period of Limitation.
GST: Appeals and Refund Applications can be filed before 28.02.2022 if covered by Supreme Court order extending the period of Limitation.
Yes, GST Appeals and Refund Applications can be filed before 28.02.2022 if covered by Supreme Court order extending the period of Limitation.
Relevant portion of above order is reproduced for your kind reference.
“IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. 21 OF 2022
IN MISCELLANEOUS APPLICATION NO. 665 OF 2021 IN SUO MOTU WRIT PETITION (C) NO. 3 OF 2020
IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION WITH MISCELLANEOUS APPLICATION NO.29 OF 2022
IN MISCELLANEOUS APPLICATION NO. 665 OF 2021 IN SUO MOTU WRIT PETITION (C) NO. 3 OF 2020 Order
Taking into consideration the arguments advanced by learned counsel and the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, we deem it appropriate to dispose of the M.A. No. 21 of 2022 with the following directions:
I The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings.
II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.
III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.
IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.”