Summary of Judgement
1. Procedural Background (Para 3):
- The petitioner filed an appeal before the appellate authority challenging the order dated 25 April 2022.
- While filing the appeal online, the mandatory pre-deposit column was inadvertently left blank.
2. Compliance with Pre-deposit Requirement (Para 4):
- Upon realizing the error, the petitioner made the 10% mandatory pre-deposit through the electronic cash ledger.
- Despite this compliance, the appellate authority dismissed the appeal, citing the earlier error.
3. Judicial Concern on Rigid Stand (Para 5):
- The High Court noted that the appellate authority's dismissal of the appeal after correcting the error was excessively rigid and disproportionate.
4. Setting Aside the Impugned Order (Para 6):
- The Court set aside the impugned order dated 13 April 2023 and restored the appeal before the appellate authority.
- The appellate authority was directed to hear and dispose of the appeal on merits as the pre-deposit requirement was fulfilled.
5. Directions and Final Disposition (Para 7 & 8):
- Rule made absolute with no cost order.
- All parties were directed to act based on the authenticated copy of the judgment.
Acts and Sections Discussed:
- Provisions related to the mandatory pre-deposit requirement for filing appeals under taxation laws (not specifically mentioned but likely from GST Acts or similar statutes).
Ratio Decidendi:
- The Court emphasized that procedural errors, when promptly corrected, should not result in the dismissal of substantive appeals.
- The principle of proportionality was applied to ensure that procedural lapses do not override the right to a fair hearing.
Subjects:
- Procedural Justice
- Pre-deposit Requirement
- Tax Appeals
- Inadvertent Errors
- Appellate Authority Decisions
Case Title: Narendra Hirawat Versus The State of Maharashtra & Ors.
Citation: 2024 LawText (BOM) (12) 161
Case Number: WRIT PETITION (L) NO.28395 OF 2023
Date of Decision: 2024-12-16