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Ashirwad Food Industries vs Union of India & Ors.

Date of Order: February 9, 2026
Case Law No: GIB-JHC-2026-31
Subject: Quantum of deposite- in case alemond reduced in first appeal – GSTAT -Section 112(8)
Description:

Case Facts:

  • The petitioner challenged Order-in-Appeal dated 30.06.2025 confirming GST demand along with interest and penalty.
  • Statutory remedy of appeal before GST Appellate Tribunal was available, but the Tribunal was not fully functional.
  • Petitioner had already deposited ₹23.85 lakhs at the first appellate stage against an original demand of about ₹2.38 crores, later reduced to about ₹40 lakhs.
  • The dispute centered on whether further pre-deposit was required for filing appeal before the Tribunal.

Court Decision:

  • Court held that no further pre-deposit is required for filing appeal before GSTAT considering earlier deposit of ₹23.85 lakhs.
  • Petitioner permitted to file appeal within four weeks from the date of order.
  • Tribunal directed to decide appeal on merits without considering limitation if filed within the stipulated time.
  • If electronic filing is not possible, petitioner allowed to file appeal physically and same must be accepted without additional pre-deposit.
  • All issues on merits left open for adjudication by the Tribunal.
  • Writ petition disposed of without costs.

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