Case Details: Fresh Feel Apparels Versus Union of India (2025) 30 Centax 464 (Del.)
Judiciary and Counsel Details
- Pratibha M. Singh & Rajneesh Kumar Gupta, JJ.
- S/Shri Pranay Jain & Karan Singh, Advs. for the Petitioner.
- Ms Abha Malhotra, Sr. CGSC, Ms Aayushi Thandassery, S/Shri K.G. Gopalakrishnan, Sumit K. Batra & Ms Nisha Mohandas, Advs. for the Respondent.
Facts of the Case
The petitioner, a registered assessee, challenged an order of demand issued under Section 73 of the CGST and Delhi GST Act, contending that the adjudicating authority failed to consider its reply to the show cause notice. A show cause notice was issued proposing demand on the basis that the petitioner had availed Input Tax Credit from suppliers whose registrations were cancelled retrospectively. The petitioner submitted a reply to the notice along with supporting documents to establish the genuineness of the transactions. It was contended that despite this submission, the impugned order had been passed without proper application of mind to the reply and evidentiary materials. Accordingly, the matter was placed before the Hon’ble High Court.
High Court Held
The Hon’ble High Court held that the impugned order was detailed in nature and demonstrated due consideration of the petitioner’s reply as well as the supporting documents furnished. The Court observed that the order specifically addressed the issues raised in the reply and did not reflect a mechanical or perfunctory approach. Concluding that there was no violation of principles of natural justice or statutory procedure, the Court declined to exercise writ jurisdiction It was further observed that any grievance against the merits of the order must be pursued through the appellate mechanism prescribed under Section 107 of the CGST and Delhi GST Act.
List of Cases Cited
- DJST Traders (P.) Ltd. v. Union of India — [2025] 174 taxmann.com 191 (Delhi) — Referred [Para 4]
- HCC-SEW-MEIL-AAG JV v. Asstt. Commissioner of State Tax — [S.L.P No. 4240 of 2025, dated 21-2-2025] — Referred [Para 14]
List of Notifications Cited
- Notification No. 09/2023-Central Tax, dated 31-3-2023
