Raja Abhishek For NIRC 2024
about 2 months ago
ššš¦š§šš§ ššµšŗš²š±š®šÆš®š± š„šš¹š¶š»š“ š¼š» š§š¶šŗš²š¹š šš½š½š²š®š¹ šš¶š¹š¶š»š“ š¢ The Tribunal held: "Service of the adjudication order to an authorised legal representative, such as a Chartered Accountant, is not equivalent to service upon the appellant. Therefore, the appeal is not time-barred."
š šš®š°šš: šš¼šŗš½š®š»š: Shree Developers ššššš²: Whether the service of order to an authorised representative qualifies as a proper service under Section 37C.
āļø ššš±š“š²šŗš²š»š: The Tribunal clarified that an authorised legal representative (like a Chartered Accountant) is not an "authorised agent" as per Section 37C. The service of the order was invalid, as the appellant did not authorize the representative to receive it. Therefore, the order was considered communicated only on 22.07.2022, making the appeal timely.
šš®šš² šš»š³š¼: š§š¶šš¹š²: Shree Developers vs. Commissioner CGST & Central Excise, Vadodara š¦šš„š©ššš š§šš« šš½š½š²š®š¹ š”š¼. 10509 of 2023-DB š¢šæš±š²šæ šš®šš²: 05 September 2023 š This ruling emphasizes that only service directly to the appellant or their authorised agent fulfills Section 37C requirements.
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