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 โน5.81 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
Continue Reading...
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
๐ Premium Content
Subscribe to access complete articles, notifications, circulars, case laws, downloads, videos and premium resources.
Become Premium Member