Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

GST update /2026-27/0045

M/s PEI Industries and various Ors v. Union of India & Ors.

GST UPDATE

 
Writ Petition No.:7725 of 2026
Court: High Court of Delhi
Case Title: M/s PEI Industries and various Ors v. Union of India & Ors.
Outcome:Writ Petition was dismissed
Judgement Date: 29.05.2026

BRIEF FACTS OF THE CASE:

Proceedings were initiated by the SGST officials under Section 73 in the case of M/s PEI Industries (petitioner) which was later dropped after consideration of the documents submitted in defence by the petitioner. Later, on the same subject matter and on the basis of the documents produced before the SGST authorities, CGST authorities initiated proceedings under Section 74 of CGST Act show cause notice which was confirmed by passing an order-in-original. Being aggrieved by the order, the petitioner preferred a writ petition.

QUESTION BEFORE HON’BLE COURT:

  • Whether CGST authorities can validly initiate proceedings u/s 74 on the same subject matter by relying upon the documents/evidence produced before the SGST authorities, relying upon which the proceedings u/s 73 were dropped by the SGST authorities?
  • Whether a writ petition under Article 226 of the Constitution should be entertained against the adjudication order when the petitioner had an effective statutory appellate remedy under the GST law?
BRIEF ARGUMENTS BY PETITIONER:
Petitioner submitted following contentions: -
  • It was argued that the proceedings are barred as per Section 6(2)(b) of the CGST Act 2017 as the State GST authorities have already concluded the proceedings on the mirror/same subject matter based on the exactly same documents.
  • Furthermore, that the proceedings under Section 74 of the CGST Act have been initiated on the same set of evidences by the CGST authorities.
  • In continuation of above, that the CGST authorities have denied to entertain the set of documents which were produced before the SGST authorities on the basis of which proceedings were dropped by the SGST authorities.
  • Furthermore, that hearing was granted only on two days in spite of the fact that there were four dates mentioned in the impugned order.
  • In the rejoinder, the petitioners submitted that if they were relegated to the appellate remedy, they would have to bear the burden of mandatory pre-deposit, which would cause hardship.
 
Therefore, impugned order should be set aside.

BRIEF ARGUMENTS BY REVENUE DEPARTMENT:

Revenue Department contended that:
  • Writ is not maintainable as there is alternate statutory remedy available to the petitioner.
  • Furthermore, that proceedings under Section 73 and Section 74 are conducted in an altogether different zone. For this, reliance was placed upon the language used in both the sections. Along with that, it cannot be held that the petitioner cannot be proceeded with Section 74 merely because the petitioner got relief from the Section 73 proceedings of the SGST, as both the sections operate altogether differently.
  • The reply of show cause notice given by the petitioner to the SGST authorities is very much available independently for scrutiny and consideration.
  • That the Court should leave on the Appellate Authority to look into the evidence and the Court should not conclude from the facts.
  • It was also submitted that adequate opportunity of hearing had been granted and a speaking order had been passed after considering the material on record.
  • The writ preferred by the petitioner shall not be allowed merely due to the fact that the petitioner will be burdened with the satisfaction of condition of statutory pre-deposit and that the appeal should have been preferred.
  • Merely because the findings recorded by the adjudicating authority were not to the satisfaction of the petitioners, it could not be said that the evidence had been improperly appreciated or that principles of natural justice had been violated.

FINDINGS & JUDGEMENT:

Following are the findings of the Court in the instant case:
  • The Delhi High Court held that the writ petition was not maintainable in view of the effective alternate statutory remedy of appeal available to the petitioners under the CGST Act. The Court observed that all the matters like appreciation of evidence, sufficiency of documents and the conclusion drawn by the adjudicating authority, are all matters that can appropriately be examined by the Appellate Authority. The Court noted that the Appellate Authority is empowered not only to re-appreciate the evidence already placed on record, but also, where necessary, to permit the production of additional evidence.
  • On the issue of the State GST proceedings under Section 73 and the Central GST proceedings under Section 74, the Court categorically observed that both provisions operate in different arenas and on different considerations. Therefore, merely because the petitioners had been exonerated by the State GST authorities in proceedings under Section 73, it could not automatically follow that the Central GST authorities were barred from initiating or continuing proceedings under Section 74 on the same set of transactions.
 
Thus, it was held that the writ petition by the petitioner stands dismissed and the petitioner was granted with the liberty to file appeal so that the matter can be decided on its merits.
 

Opinion

Author’s Comment:

This ruling is important in the current GST litigation landscape. For a long time, since the GSTAT was not functional, taxpayers were frequently approaching High Courts under Article 226 even in matters arising from adjudication orders, as there was no effective appellate forum available. However, now that the GSTAT has become operational, High Courts are increasingly taking the view that writ jurisdiction shouldbe exercised only in exceptional cases, such as lack of jurisdiction, breach of natural justice, challenge to vires or where the alternate remedy is not available. In ordinary GST disputes involving appreciation of evidence, sufficiency of documents, or factual issues, courts are now relegating assessees to the statutory appellate remedy instead of entertaining writ petitions.
 
Further, the Court made it clear that the requirement of statutory pre-deposit for filing an appeal cannot, by itself, be a ground to invoke writ jurisdiction. In effect, the decision reinforces that, with the GSTAT now available, taxpayers will generally be expected to pursue the appellate route, and writ petitions will survive only in limited and exceptional circumstances.
 
The judgment is also important because it clarifies that Section 73 and Section 74 are separate provisions operating in different fields and with different legal ingredients. Therefore, closure of proceedings under one provision by one authority does not automatically bar proceedings under the other provision, even if they arise from the same transactions, where the legal basis for action is different.
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com