Case Details: Ucube Impex vs. Deputy Commissioner of State Taxes (GST Appeals), Madurai (2025) 35 Centax 56 (Mad.)
Judiciary and Counsel Details
- C. Saravanan, J.
- S/Shri Raja Karthikeyan, N. Sudalai Muthu, S. Karunakar, R. Aravindan, A. Chandrasekaran, A. Satheesh Murugan, Ms Kushi & Ms M.N. Bharathi for the Petitioner.
- S/Shri R. Suresh Kumar, Additional Government Pleader, J.K. Jayaselan, Government Adv., Karthikeya Venkatachalapathy, R. Gowri Shankar, S. Ponsenthil Kumaran, Central Government Standing Counsels, B. Ponnu Pandi & K. Govindarajan, Deputy Solicitor General of India, for the Respondent.
Facts of the Case
The petitioners challenged Central and State Government, contending that the extensions of limitation for initiating proceedings which were contrary to statutory provisions and violated natural justice. They also questioned assessment and appellate orders passed on the strength of these extended timelines, arguing that executive notifications could not validly extend statutory limitations and would otherwise create an unlawful basis for tax recovery and penalties. The matter was accordingly placed before the High Court.
High Court Held
The High Court held that the notifications issued by the Central and State Governments to extend the limitation period under Section 168A were ultra vires and without legal validity, as executive authorities could not override the statutory limitation prescribed under Section 73. The court emphasised that the assessment orders and appellate proceedings that were issued pursuant to such extended limitation periods could not be sustained. The matter was remanded to ensure adjudication in accordance with the law.
List of Cases Cited
- Bambiah Stores v. State Tax Officer — W.P. (MD) No. 19943 of 2025, decided on 23-7-2025 by Madras High Court — Followed [Paras 4, 5, 6]
- Tata Play Ltd. v. Union of India — (2025) 32 Centax 318 (Mad.) — Followed [Paras 3, 6]
List of Notifications Cited
- Notification No. 56/2023-Central Tax, dated 28-12-2023 [Para 2]
- Notification G.O. Ms. No. 1, dated 2-1-2024 [Para 2]
- Notification No. 9/2023- Central Tax, dated 31-03-2023 [Para 2]
- Notification G.O. Ms. No. 41, dated 5-4-2023 [Para 2]
