India Retail Mart v. Commissioner of DGST & Ors.
Facts :
The petitioner challenged an adjudication order dated 29 August 2024 arising from a show cause notice for FY 2019–2020, along with certain GST notifications extending limitation. The petitioner had filed a reply to the show cause notice but did not avail personal hearing. It contended that its reply was not properly considered and sought relief against the demand. The challenge to notifications was also part of a larger batch of cases pending before various High Courts and the Supreme Court.
Court Decision:
The Court held that the impugned order did not warrant interference under writ jurisdiction. It observed that the petitioner had filed a reply which was considered, and therefore the appropriate remedy was to file an appeal. The petition was disposed of granting liberty to file an appeal under Section 107 of the CGST Act by 31 January 2026 with pre-deposit, with a direction that such appeal shall not be rejected on limitation. The outcome was made subject to the decision of the Supreme Court in the pending SLP concerning validity of the notifications.
Cases Referred:
- DJST Traders Private Limited v. Union of India & Ors.
- HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax & Ors.
- Engineers India Limited v. Union of India & Ors.
Other Case Law
Muhammed Abdul Saini v. State Tax Officer & Others
Validity of Section 16(2)(c) of the CGST/SGST Act and ITC eligibility, along with benefit of CBIC Circular Nos. 183/15/2022-GST and 193/5/2023-GST and correction of GSTR-3B errors.
BackgroundThe writ petition had challenged Section 16(2)(c) of the CGST/SGST Act...
Read MoreGlobeOp Financial Services (India) Pvt. Ltd. v. Deputy Commissioner of State Tax & Ors.
Validity of a GST demand order of ₹70,57,98,208/- confirmed by verbatim copying of the show cause notice, without independent application of mind to the petitioner's detailed replies — whether such an order amounts to non-application of mind and viola
BackgroundThe petitioner is engaged in providing financial back-office services ...
Read MoreSubir Ghosh v. The Deputy Commissioner (ST) & Ors.
Validity of bank attachment under Section 79(1)(c) read with Section 89(1) of the CGST Act, 2017 concerning recovery of company tax dues from director. Liability of director for company’s tax arrears and procedural requirement of adjudication before re
Case Facts:The petitioner challenged a bank attachment notice issued for recover...
Read More