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Home » Laws » GST Case Laws » DEEPAK SHARMA v. COMMISSIONER, DEPARTMENT OF TRADE AND TAXES, GOVT OF NCT OF DELHI.

DEEPAK SHARMA v. COMMISSIONER, DEPARTMENT OF TRADE AND TAXES, GOVT OF NCT OF DELHI.

High Court, Delhi
Nitin Wasudeo Sambre, Justice & Ajay Digpaul, Justice

DEEPAK SHARMA
v.
COMMISSIONER, DEPARTMENT OF TRADE AND TAXES, GOVT OF NCT OF DELHI.

W.P.(C) 6449/2026 & CM APPL. 31839/2026 dated 12.05.2026

Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 74
Decision : In favour of assessee

Demand – Wrongful ITC availment and non-compliance – Petitioner challenged order as passed beyond statutory limitation under Section 74(10) mandating order within five years from due date of annual return – Order passed eleven months beyond limitation period – Respondent admitted order passed beyond five-year statutory period – Held: Writ petition disposed – Court held Section 74(10) limitation mandatory, authority becomes functus officio after lapse lacking jurisdiction to pass order – Order quashed and set aside.

Represented By:

Counsel for the Petitioner: Udit Bakshi, Bhwesh Bhola, Piyush Kumar & Niyati Dayma, Advs.

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