Ms Ganapati Enterprise And Anr vs. The State Of Assam And Ors

WP(C)/2274/2025HC GauhatiGSTCNR GAHC01008735202501 September 2026Bench: HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY4 pages
AI SummaryRemanded

Held

The Court, relying on a Co-ordinate Bench decision, held that a summary show cause notice (FORM GST DRC-01) cannot substitute the statutory show cause notice required under Section 73(1). It found that no proper show cause notice was issued and no opportunity of hearing was afforded. Consequently, the impugned order and consequential FORM GST DRC-07 were set aside, and the matter was remitted for fresh proceedings.

Facts

The petitioners challenged a demand order for tax, interest, and penalty under Section 73 of the AGST Act for FY 2017-2018, along with FORM GST DRC-07. Their primary contention was that only a summary show cause notice (FORM GST DRC-01) was issued, not a proper statutory show cause notice under Section 73(1), and no opportunity of hearing was provided.

Key Issues

Whether a summary show cause notice in FORM GST DRC-01 can substitute the statutory show cause notice required under Section 73(1) of the AGST Act, and whether the absence of a proper show cause notice and opportunity of hearing invalidates the demand order.

Sections Cited

Section 73, FORM GST DRC-07, FORM GST DRC-01, Section 73(1), Section 75(4), Section 16(5), Section 71, Section 75

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/4 GAHC010087352025 2026:GAU-AS:12608 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2274/2025 MS GANAPATI ENTERPRISE AND ANR A PROPRIETORSHIP FIRM SITUATED AT 44 A T ROAD MARWARIPATTY NAGAON ASSA 782001 REP BY ITS PROPRIETOR SRI BHARGAB SAIKIA 2: BHARGAB SAIKIA PROPRIETOR OF THE PETITIONER NO 1 FIRM R/O VIL BHOTAIGAON PO UDIAYAGAON NAGAON ASSA VERSUS THE STATE OF ASSAM AND ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM MINISTRY OF FINANCE AND TAXATION KAR BHAWAN GANESGURI GUWAHATI ASSAM 2:THE COMMISSIONER OF STATE TAX MINISTRY OF FIANANCE AND TAXATION KAR BHAWAN GANESHGURI GUWAHATI ASSAM 3:THE ASSISTANT COMMISSIONER OF STATE TAX NAGAON 3 NAGAON ZONE ASSA Advocate for the Petitioner : MS. M L GOPE, MS. N HAWELIA,MR S K SAHA,MS. H JAIN,M BARUAH Advocate for the Respondent : SC, FINANCE AND TAXATION, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

02-09-2026

1.

Heard Mr. S.K. Saha, learned counsel for the pet

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