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The order of cancellation of the GSTIN registration of the petitioner was challenged in appeal by the petitioner. The Hon’ble Court set aside the order in Appeal and remanded the matter to appellate authority to decide the appeal on its own merits.

Section 107 of the CGST Act, 2017 – Appeal – Limitation Period -- The petitioner challenged the Order-In-Appeal dated 29.11.2021, which was dismissed as having been filed after lapse of extended time limit of 1 month in terms of Section 107 (1) & (4) of the Act. The order of cancellation of Registration was challenged in appeal by the petitioner. The court observed that the Apex Court in Suo Motu Writ Petition (Civil) No. 3 of 2020 has directed extension of the period of limitation in all proceedings before Court / Tribunal upto 28.02.2022. Therefore, the appeal preferred by the petitioner during the period from 15.03.2020 till 28.02.2022 could not have been dismissed as time barred.

Held that:- The Hon’ble Court set aside the order in Appeal and remanded the matter to appellate authority to decide the appeal on its own merits.

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