Ms Svs Aqua Technologies LLP vs. Superintendent, Range Iv, Division I Shivajinagar, CGST Pune Ii Commissionerate
Held
The Court clarified that Form GST ADT-02, issued under Rule 101(5) and Section 65(6), merely informs the audit findings and does not lead to direct recovery. It held that any further action by the GST Department must be in accordance with the provisions of the CGST Act, implying proper adjudication proceedings would precede recovery.
Facts
An audit was conducted under Section 65 of the CGST Act, and the authority issued Form GST ADT-02 informing the audit findings. The petitioner apprehended that recovery would be directly effected based on this communication without any adjudication proceedings under Section 73 or Section 74 of the CGST Act.
Key Issues
Whether recovery can be initiated directly based on an audit report (Form GST ADT-02) without prior adjudication under Section 73 or Section 74 of the CGST Act, and the legal effect of Form GST ADT-02.
Sections Cited
Section 65, Section 73, Section 74, Rule 101(5)
AI-generated summary — verify with the full judgment below
36-wp 11359-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11359 OF 2026 M/s. SVS Aqua Technologies LLP … Petitioner Versus Superintendent, Range IV, Division I (Shivajinagar), CGST Pune II Commissionerate & Ors. ... Respondents __________________________ Mr. Sanket S. Bora a/w. Mr. Abhay H. Bore, Ms. Vidhi Punmiya, Adv. Amiya R. Das and Adv. Tejal P. Kharkar i/b SPCm Legal for the Petitioner. Mr. Ram Ochani a/w. Ms. Sangeeta Yadav for the Respondents. __________________________
CORAM : M. S. KARNIK AND
SANDESH D. PATIL, JJ.
DATED : 31 st AUGUST, 2026. P.C. :
Heard learned counsel for the petitioner.
It is the submission of learned counsel that an audit was conducted under Section 65 of the Central Goods and Services Tax Act, 2017 (‘CGST Act’ for short). Based on the audit, without there being any adjudication proceeding either under Section 73 or Section 74 of the CGST Act, the authority has directly proceeded to effect the recovery. This according to learned counsel for the petitioner is impermissible.
Mr. O
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