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Home ยป Laws ยป GST Case Laws ยป M/s THEKEDAR GIRRAJ PRASAD GARG v. STATE OF RAJASTHAN & ORS.

M/s THEKEDAR GIRRAJ PRASAD GARG v. STATE OF RAJASTHAN & ORS.

High Court, Rajasthan
Manindra Mohan Shrivastava, Justice & Bhuwan Goyal, Justice

M/s THEKEDAR GIRRAJ PRASAD GARG
v.
STATE OF RAJASTHAN & ORS.

D. B. CIVIL WRIT PETITION No. 1651 / 2024 dated 04.04.2024

Law :ย GST
Act Name :ย Central Goods & Services Tax Act, 2017
Relevant Section :ย Section 107
Decision :ย In favour of revenue

GST Demand Dismissed as Non-Maintainable โ€“ The Petitioner assailed SCN dated 29.10.2022 and order dated 23.02.2023 under Section 74 of RGST/CGST Act, 2017 for FY 2018-19, demanding โ‚น5.81 lakh as tax on royalty, interest, and penalty โ€“ The Respondents argued petitioner failed to file statutory appeal within limitation or extended condonable period under Section 107 โ€“ Relied on SC judgment in Glaxo Smith Kline holding writ not maintainable when appeal is time-barred and no violation of natural justice exists โ€“ Held that: Court noted petitioner was served SCN, had opportunity to contest, but consciously let appeal period lapse โ€“ No sufficient explanation for not pursuing statutory remedy โ€“ Held writ not maintainable as settled in Glaxo Smith Kline โ€“ Petition dismissed.

Represented By:

Counsel for the Petitioner: R.C. Agarwal Advocate with Amit Jindal Advocate

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