Abhay Kumar Singh vs. Goods And Service Tax Officer , Delhi Department Of Trade And Taxes & Anr.

W.P.(C)/19590/2025HC DelhiGSTCNR DLHC01106334202523 December 2025Bench: HON'BLE MS. JUSTICE PRATHIBA M. SINGH,HON'BLE MR. JUSTICE SHAIL JAIN12 pages
For Petitioner: Mr. Akshay Allagh, AdvFor Respondent: Ms. Urvi Mohan, Adv
AI SummaryRemanded

Held

The High Court set aside the impugned demand order, subject to payment of costs, and remanded the matter to the Adjudicating Authority. It directed the petitioner to file a fresh reply to the SCN and be granted a personal hearing, leaving the challenge to the notifications' validity open pending the Supreme Court's decision.

Facts

The petitioner challenged a Show Cause Notice and a consequent demand order for the tax period April 2018-March 2019, claiming non-receipt of the SCN and denial of a fair hearing. The petition also challenged the vires of certain notifications extending limitation periods, an issue pending before the Supreme Court.

Key Issues

Whether the impugned demand order was valid given the petitioner's claim of not receiving the SCN and being denied a fair hearing. The broader issue of the vires of notifications extending limitation periods was noted as pending before the Supreme Court.

Sections Cited

Section 168A, Section 73, Section 16(4)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 19590/2025 Page 1 of 12 $~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd December, 2025 Uploaded on: 26th December, 2025 + W.P.(C) 19590/2025 & CM APPL. 81895/2025 ABHAY KUMAR SINGH .....Petitioner Through: Mr. Akshay Allagh, Adv. versus GOODS AND SERVICE TAX OFFICER , DELHI DEPARTMENT OF TRADE AND TAXES & ANR. .....Respondent Through: Ms. Urvi Mohan, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN

JUDGMENT Prathiba M. Singh, J.

1.

This hearing has been done through hybrid mode.

2.

The Petitioner- M/s Abhay Kumar Singh has filed the present petition under Article 226 of the Constitution of India, inter alia, challenging the impugned Show Cause Notice dated 12th December, 2023 (hereinafter, ‘impugned SCN’) and consequent impugned demand order dated 2nd April, 2024 passed by the Sales Tax Officer Class II/AVATO Ward 84, Zone 7, Delhi for the tax period April 2018 to March 2019 (hereinafter, ‘impugned order’).

3.

Vide the impugned order, the total demand confirmed against the Petitioner is as follows: W.P.(C) 19590/2025 4. Additionally, the present pet

The judgment continues below.

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