Case Laws
High CourtDemands Adjudication

Parsam Traders v. Assistant Commissioner of State Tax

The ruling in brief

Parsam Traders (Writ Petition No. 2577 of 2023) obtained relief from the High Court of Andhra Pradesh at Amaravati on 6 July 2026. The Assistant Commissioner passed a common assessment order for 2018-19, 2019-20, and 2020-21 under CGST and APGST, clubbing periods contrary to established Division Bench precedent. The court set aside the composite and related unsigned orders without merits examination, directed separate notices per period, and required the petitioner to deposit 20% of disputed tax within eight weeks given the 2022 assessment date. Outcome favoured the assessee on procedure. Unsigned orders and composite periods remain fatal flaws in this forum. Not legal advice. Disposed on 2026-07-06, the High Court recorded as recorded in the order in the writ petition. Central provisions engaged included CGST S.75. Chartered accountants should map period-wise limitation, personal hearing, and appeal under Section 107 when advising on replies, deposits, or writ versus appeal strategy. This editorial summary is for professional research and is not legal advice.

For information only — not legal advice. Read the full judgment and applicable law before relying on this summary.

Provisions considered

CGST S.75
  • CGST S.75 — General provisions relating to determination of tax.

Source documents

Similar rulings

High Court of Calcutta

In favour of the assessee; matter remanded

Arup Datta v. State of West Bengal

Arup Datta (Calcutta High Court, WPA 17892 of 2026, 24 September 2026, Sumita Das De, J.) challenged demand of tax, interest and penalty under Sections 73 and 75 where show cause notice and ex parte adjudication order were uploaded on GST portal without direct intimation. Petitioner filed reply yet received no personal hearing before order-in-original, violating audi alteram partem embedded in Section 75(4) scheme and fair service expectations under Section 169 context. Court quashed impugned adjudication and directed reconsideration after effective hearing with communicated schedule. Outcome: in favour of the assessee; matter remanded. West Bengal portal-service cases increasingly scrutinize ‘additional notices’ tabs and silent ex parte orders. Not legal advice. This editorial note is for Chartered Universe professional research and is not legal advice.

CGST S.73CGST S.75CGST S.169
High Court of Delhi

In favour of the assessee; matter remanded

Rohit VIJ v. Commissioner of GST

Rohit Vij (W.P.(C) No. 13848 of 2021) obtained setting aside and remand from the High Court of Delhi on 22 September 2026. An adverse Form DRC-07 was passed without personal hearing despite Section 75 and Rule 142 requiring hearing on request or whenever an adverse decision is contemplated. The order was unsustainable. The adjudicating authority must pass a fresh decision after effective personal hearing. Outcome: assessee favoured with remand. Delhi benches consistently police hearing compliance in DRC proceedings. Registered persons should formally request hearings and preserve proof when SCN signals confirmation of demand. Not legal advice. Disposed on 2026-09-22, High Court of Delhi recorded in favour of the assessee; matter remanded in W.P.(C) NO. 13848 OF 2021. Central provisions engaged included CGST S.75, CGST Rules R.142. Chartered accountants should map period-wise limitation, personal hearing, and appeal under Section 107 when advising on replies, deposits, or writ versus appeal strategy. This editorial summary is for professional research and is not legal advice.

CGST S.75CGST Rules R.142
High Court of Andhra Pradesh

In favour of the assessee

Saptagiri Constructions v. Assistant Commissioner of Central Tax

Saptagiri Constructions, supplying works contract services to government departments, faced a single composite summary assessment for multiple years. The High Court of Andhra Pradesh (Writ Petition No. 26644 of 2026, 21 September 2026) under Section 75 set aside the order as impermissible clubbing and allowed fresh year-wise proceedings with consequential relief revoked. Outcome favoured the assessee. Mirrors sibling Andhra Pradesh judgments on composite orders in works-contract GST assessments. Government vendors should expect separate SCNs if department reopens past periods. Period-specific limitation and hearing apply to each re-initiated year. Not legal advice. Disposed on 2026-09-21, High Court of Andhra Pradesh recorded in favour of the assessee in WRIT PETITION NO. 26644 OF 2026. Central provisions engaged included CGST S.75. Chartered accountants should map period-wise limitation, personal hearing, and appeal under Section 107 when advising on replies, deposits, or writ versus appeal strategy. This editorial summary is for professional research and is not legal advice.

CGST S.75
High Court of Calcutta

In favour of the assessee; matter remanded

Raj Kumar Borthakur v. Joint Commissioner of Revenue

Raj Kumar Borthakur (WPA No. 464 of 2026) challenged an adjudication order for April 2017 to March 2018 before the High Court of Calcutta on 9 September 2026. The confirmed demand for tax, interest, and penalty exceeded amounts proposed in the show cause notice, which Sections 73 and 75 do not permit without fresh notice on enhanced grounds. The court remanded by treating the impugned order as a new show cause notice and requiring fresh response and adjudication. Outcome: assessee favoured with remand. Enhanced demands without supplemental SCN remain a common adjudication defect in West Bengal GST practice. CAs should reconcile DRC-01 figures with DRC-07 before advising payment. Not legal advice. Disposed on 2026-09-09, High Court of Calcutta recorded in favour of the assessee; matter remanded in WPA NO. 464 OF 2026. Central provisions engaged included CGST S.75, CGST S.73. Chartered accountants should map period-wise limitation, personal hearing, and appeal under Section 107 when advising on replies, deposits, or writ versus appeal strategy. This editorial summary is for professional research and is not legal advice.

CGST S.75CGST S.73
High Court of Calcutta

In favour of the assessee; matter remanded

Babita Sharma v. Assistant Commissioner of Revenue

Babita Sharma (Calcutta High Court, WPA 1633 of 2026, 9 September 2026, Raja Basu Chowdhury, J.) received order under Section 73 passed after summary show cause without personal hearing or communicated date, time and venue—contravening Section 75(4) mandatory hearing framework. Court set aside order directing fresh adjudication. Because writ was belated, relief conditioned on deposit of ten per cent of disputed tax as equitable precondition to remand. Outcome: in favour of the assessee; matter remanded subject to deposit. Shows courts may impose partial pre-deposit even in natural-justice successes when writ delay exists, alongside full rehearing rights. This editorial note is for Chartered Universe professional research and is not legal advice. The court left substantive tax merits open for the authority to decide afresh on record.

CGST S.73CGST S.75
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