GST INDIA Biz
GST India .biz — Case Law Details
Detailed GST Case Law Information

Bengal Engineering vs State of West Bengal & Ors

Date of Order: December 8, 2025
Case Law No: GIB-CHC-2025-03
Subject: Legality of GST assessment exceeding Show Cause Notice amount and denial of personal hearing under Sections 75(7) and 75(4) of the West Bengal GST Act, 2017.
Description:

The Division Bench allowed the appeal and set aside the Adjudication Order dated 10 December 2020 and the Appellate Order dated 02 January 2025.

The Court held that:

  1. The Adjudicating Authority confirmed a tax liability exceeding the amount specified in the Show Cause Notice, in violation of Section 75(7) of the West Bengal Goods and Services Tax Act, 2017. The provision imposes a jurisdictional ceiling and prohibits confirmation of an amount higher than that stated in the notice. The excess demand rendered the order ultra vires and unsustainable.
  2. The failure to grant a personal hearing despite a specific request violated Section 75(4) of the Act. The provision mandates that a personal hearing shall be granted where requested. The ex parte order passed without granting such hearing constituted a breach of principles of natural justice and was held to be a fatal infirmity.
  3. The cumulative effect of breach of Section 75(7), violation of Section 75(4), and initiation of parallel proceedings under Sections 73 and 74 rendered the assessment fundamentally flawed.

The Court remanded the matter to the Adjudicating Authority for de novo adjudication from the stage of reply to the Show Cause Notice, directing grant of fresh personal hearing and strict compliance with Section 75(7).

Cases Referred by Court:

  • Kaveri Telecom Products Ltd. vs. Commissioner of Customs (2018)



 

Other Case Law

Sri Padmavathi Marketing v. Assistant Commissioner of Commercial Taxes

Scope of Rule 86A – Whether ITC can be blocked for supplier when alleged wrongful availment is by recipient.

Case Facts:The petitioner challenged a show-cause notice proposing blocking of I...

Read More
National Plasto Moulding The State of Assam & Ors.

Constitutional validity of Sections 16(2)(c) and 16(2)(d) of the Central Goods and Services Tax Act, 2017 and the Assam Goods and Services Tax Act, 2017 — whether Input Tax Credit (ITC) can be denied to a bona fide purchasing dealer on account of the fa

BackgroundA batch of writ petitions was filed by multiple registered dealers bef...

Read More
T.K. Navas v. Commissioner of Goods and Services Taxes & Ors.

Validity of service of GST notice through common portal under Section 169

Facts :The petitioner challenged an order passed under Section 73 of the CGST/SG...

Read More