DAR AL HANDASAH CONSULTANTS (SHAIR AND PARTNERS) INDIA PVT. LTD. v. UNION OF INDIA & ORS. – BOMBAY HIGH COURT
High Court, Bombay
G.S. Kulkarni, Justice & Aarti Sathe, Justice
DAR AL HANDASAH CONSULTANTS (SHAIR AND PARTNERS) INDIA PVT. LTD.
v.
UNION OF INDIA & ORS.
WRIT PETITION No. 812 of 2025 dated 19.01.2026
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 16, 50, 65, 73 & 107
Decision : In favour of assessee
Demand – Short ITC credit due to vendors non-filing GSTR-1 – Petitioner filed reply requesting time for vendor GSTR-1 filing – GST credentials misused by deceased CA leading to bogus transactions – No evidence of CA misleading, CA death post-order, reply inconsistent with writ affidavit – Held: Writ petition disposed – Matter remanded for fresh adjudication – Petitioner to deposit 10% disputed tax within 30 days and file detailed reply treating confirmation order as SCN addendum – Fresh order within 3 months – Bank attachment lifted on compliance – Non-compliance permits recovery proceedings.
Represented By:
Counsel for the Petitioner: Prakash Shah, Senior Advocate a/w. Jas Sanghavi & Suyog Bhave i/b. PDS Legal
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