CA B.K.BANSAL (JOBS IN A PRIVATE CO.) 03 March 2008

Time limit for filing of appeal in supreme court

Dear All,

In our company sales tax assessment , a demand is raised for a particular point.

we have filed appeal against it & Decision of appeal is in our favour.

Then department filed appeal against this decision in High court. Then high court give order against us.

Now what we have to do ?

What is the time limit of filing appeal in supreme court agaisnt order of high court ?

What is procedure of it ?

Please tell me asap.

Thanks & Regards

CA. B.K.Bansal

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2 Replies

Rajesh Kumar (Advocate) 19 March 2008

Since the matter relates to sales tax, and every state has its own sales tax laws, it is not possible to answer the query without knowing as to what state you belong to. You are required to see if the order of the High Court is appealble to Supreme Court- if yes, look into the law for the time period within which appeal should be filed. If the order of the High Court is not appealable- then an appeal to Supreme Court can be filed through Special leave petition procedure under Article 136 of the Constitution of India. Such petition should be filed within 3 month from the date of the impugned order.