Delhi Baroda Road Carrier Private Limited Through Its Director-Mr. Hargobind Pruthi vs. Office Of Gsto & Anr.

W.P.(C)/7797/2025HC DelhiGSTCNR DLHC01035218202510 September 2026Bench: CASES PERTAINING TO SPL.DIVISION BENCHES2 pages
For Petitioner: Mr. Ved Jain, Mr. Nischay Kantoor, Mr. Ishan khandelwal, AdvsFor Respondent: Mr. Sumit K. Batra and Ms. Priyanka Jindal, Advs
AI SummaryAllowed

Held

The High Court quashed the demand order as it was passed for a period prior to the approval of the Resolution Plan. The court allowed the writ petition based on a previous judgment.

Facts

The petitioner company challenged an order passed under Section 73 of the CGST Act, 2017, creating a demand for the period 2020-2021. A Resolution Plan for the company was approved later, on 21.02.2022.

Key Issues

Whether a demand under Section 73 of the CGST Act for a period prior to the approval of a Resolution Plan is sustainable.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010352182025 + W.P.(C) 7797/2025, CM APPL. 34434/2025 and CM APPL. 26817/2026 DELHI BARODA ROAD CARRIER PRIVATE LIMITED THROUGH ITS DIRECTOR-MR. HARGOBIND PRUTHI .....Petitioner Through: Mr. Ved Jain, Mr. Nischay Kantoor, Mr. Ishan khandelwal, Advs. versus OFFICE OF GSTO & ANR. .....Respondents Through: Mr. Sumit K. Batra and Ms. Priyanka Jindal, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

O R D E R % 10.09.2026

1.

Learned counsel representing the parties are ad-idem that the present Writ Petition is liable to be allowed in terms of the judgment passed by this Court in W.P.(C) 10387/2026 captioned Jaiprakash Air Cargo Complex Import & Anr., decided on 02.09.2026. 2. In view of the consensus arrived at between the parties, the present Writ Petition is allowed and the order dated 23.02.2025 passed by the Respondent No.1 under Section 73 of the Central Goods and Services Tax Act, 2017 creating a demand against the Petitioner Company shall stand quashed, as it relates to the period 2020-2021, whereas the Resolution Plan

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