Principal Commissioner Of Central Tax, GST Delhi, North vs. Sunrise Food Products

CEAC/31/2017HC DelhiGSTCNR DLHC01419487201715 May 2023Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE MR. JUSTICE AMIT MAHAJAN1 pages
For Petitioner: Mr Harpreet Singh, Senior Standing Counsel with Ms Suhani Mathur, AdvocateFor Respondent: CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE AMIT MAHAJAN
AI SummaryDismissed

Facts

The petitioner, Principal Commissioner of Central Tax, GST Delhi North, filed an appeal against an order not specified in the provided text. The respondent is Sunrise Food Products. The appeal concerns a matter related to GST. The Court noted that the appeal did not appear to involve any substantial question of law. The Court also indicated a need to examine Annexure C-5, which was an annexure to a Show Cause Notice containing the computation of the duty demanded. The petitioner's counsel stated they would file a copy of this annexure before the next hearing.

Held

The Court expressed an inclination to dismiss the appeal, stating that it did not appear to involve any substantial question of law. This suggests that the primary finding is that the threshold for an appeal to the High Court has not been met. The Court also noted the need to examine Annexure C-5, which details the computation of the duty demanded, indicating that this aspect might be relevant to the underlying dispute, even if the appeal itself is not maintainable. No specific operative directions were issued beyond listing the matter for further consideration after the petitioner files the required annexure.

Key Issues

1. Whether the appeal involves a substantial question of law, as required for an appeal to the High Court. The petitioner, represented by Mr. Harpreet Singh, Senior Standing Counsel, argued for the appeal to be heard. The respondent's counsel is not recorded as having made any arguments in the provided text. The Court's inclination to dismiss the appeal suggests a preliminary issue regarding the maintainability of the appeal based on the absence of a substantial question of law.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CEAC 31/2017 & CM Nos. 35328/2017 & 5149/2020 PRINCIPAL COMMISSIONER OF CENTRAL TAX, GST DELHI, NORTH ..... Petitioner Through: Mr Harpreet Singh, Senior Standing Counsel with Ms Suhani Mathur, Advocate. versus SUNRISE FOOD PRODUCTS ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R % 15.05.2023

1.

We are inclined to dismiss the present appeal as it does not appear that any substantial question of law is involved. However, before proceeding further, we consider it apposite to also examine the relevant annexure (Annexure C-5) to the Show Cause Notice containing computation of the duty demanded.

2.

Mr. Harpreet Singh submits that he will file a copy of the same before the next date of hearing.

3.

List on 26.09.2023. VIBHU BAKHRU, J AMIT MAHAJAN, J MAY 15, 2023/RK This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 16:47:04

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