Case Details: J.K.G. and Company vs. Commissioner of Delhi Goods and Services Tax (2025) 35 Centax 237 (Del.)
Judiciary and Counsel Details
- Prathibha M. Singh & Shail Jain, JJ.
- S/Shri Rakesh Kumar & Praveen Kumar Gambhir, Advs., for the Petitioner.
S/Shri Abhishek Yadav & Sumit K. Batra, Advs., for the Respondent.
Facts of the Case
The petitioner filed a writ petition challenging the Show Cause Notice and the consequent demand order for FY 2017-18, alleging that the order was passed without granting a personal hearing, and Notification No. 9/2023-Central Tax and Notification No. 9/2023-State Tax extending the limitation period for adjudication. The petitioner asserted that although a reply was filed, the impugned order was issued without proper hearing. Parallel challenges to the same notifications were already pending before the Supreme Court in HCC-SEW-MEIL-AAG JV.
High Court Held
The High Court noted that the petitioner had filed a reply to the SCN and the impugned order was subsequently passed. Therefore, it found no ground for interference under writ jurisdiction. The Court disposed of the petition with liberty to the petitioner to file an appeal under Section 107 of the CGST Act by 15-11-2025, subject to the required pre-deposit. It further held that the challenge to the impugned notifications would be governed by the outcome of the Supreme Court’s decision in M/s HCC-SEW-MEIL-AAG JV.
List of Cases Cited
- DJST Traders (P.) Ltd. v. Union of India — 2025 (98) G.S.T.L. 550 (Delhi) = (2025) 30 Centax 226 (Delhi) — Referred [Paras 4, 6]
- Engineers India Ltd. v. Union of India — W.P. (C) No. 9214 of 2024, decided on 23-4-2025 by Delhi High Court — Referred [Paras 7, 13]
- HCC-SEW-Meil-AAG JV v. Asstt. Commissioner — (2025) 30 Centax 452 (S.C.) — Referred [Paras 6, 13]
List of Notifications Cited
- Notification No. 9/2023-C.T., dated 31-3-2023 [Para 3]
- Notification No. 9/2023-State Tax, dated 22-06-2023 [Para 3]
