IDFC FIRST BANK LIMITED v. THE STATE OF MAHARASHTRA & ORS. – Bombay High Court
High Court, Bombay
G.S. Kulkarni, Justice & Aarti Sathe, Justice
IDFC FIRST BANK LIMITED
v.
THE STATE OF MAHARASHTRA & ORS.
WRIT PETITION No. 3390 of 2024 & WRIT PETITION No. 3607 of 2024 dated 07.05.2026
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 87
Decision : In favour of assessee
Order passed against non-existent entity – Order issued in name of Capital First Limited (“CFL”) which merged with petitioner via NCLT-approved amalgamation scheme and ceased to exist – Notice issued in Form GST ASMT-10, DRC-01A, ADT-01, SCN in Form DRC-01 and order in Form DRC-07 against CFL – Petitioner repeatedly informed authorities of amalgamation – Respondents relied on Section 87 CGST Act – Petitioner relied on Maruti Suzuki India Ltd. and Vodafone Idea Ltd.( 2026 ) – Held: Writ allowed – Proceedings against non-existent entity void ab initio – Section 87 inapplicable post-amalgamation – Order quashed and set aside.
Represented By:
Counsel for the Petitioner: Prakash Shah, Sr. Adv. a/w Jas Sanghavi, Mihir Mehta, Mohit Raval & Vikas Poojary i/b PDS Legal
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