Case Details: Commissioner of Central Tax Versus Kesoram Industries Ltd. (2025) 28 Centax 12 (S.C.)
Judiciary and Counsel Details
- J.B. Pardiwala & R. Mahadevan, JJ.
- S/Shri N. Venkataraman, ASG, Swarupa Chaturvedi, Sr. Adv., Anmol Chandan, Rajeev Ranjan, Advs., Mukesh Kumar Maroria, AOR for the Petitioner.
- Mrs Vanita Bhargava, Shri Ajay Bhargava, Ms Nandita Chauhan, Ms Tijil Thakur, Advs. for the Respondent.
Facts of the Case
The respondent assessee was subjected to garnishee proceedings under Section 79 of the CGST Act, 2017 for recovery of alleged unpaid tax and interest. However, the revenue authorities issued the garnishee order without prior notice under Section 73(1) and without providing the assessee an opportunity to present their response. Aggrieved, the assessee approached the High Court, arguing that recovery under Section 79 could not be initiated without determining liability under Section 73, and that the proceedings violated principles of natural justice. The High Court set aside the garnishee order but allowed the revenue to issue a fresh notice under Section 73 to initiate proceedings lawfully. The revenue, dissatisfied with this decision, filed an SLP before the Supreme Court.
Supreme Court Held
The Hon’ble Supreme Court dismissed the SLP on the ground of low tax effect, keeping the legal question open for future adjudication. The dismissal resulted in the High Court’s decision remaining in effect, setting aside the garnishee order while permitting the revenue to initiate fresh proceedings under Section 73.
List of Cases Cited
- Kesoram Industries Ltd. v. Commissioner of Central Tax — 2023 (78) G.S.T.L. 291/(2023) 11 Centax 78 (Telangana) — Slp dismissed [Para 3]
