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M/s MHJ METALTECHS PRIVATE LIMITED v. CENTRAL GOODS AND SERVICES TAX DELHI SOUTH

High Court, Delhi
Pratibha M. Singh, Justice & Rajneesh Kumar Gupta, Justice

M/s MHJ METALTECHS PRIVATE LIMITED
v.
CENTRAL GOODS AND SERVICES TAX DELHI SOUTH

W. P. (C) 5771/2025, W. P. (C) 5815/2025 dated 22.05.2025

Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Relevant Section : Section 107
Decision : Disposed off

Demand – Fraud ITC – Goods less invoice – Detention of goods – Dispute regarding granting number of hearings – RUDs not clear & illegible – Violation of principles of natural justice – Remedy of appeal available – Held: Writ petition disposed – Court noted three hearings mentioned in SCN and response did not adequately address main issue of whether goods were actually supplied and ITC was rightly availed – Court ruled department collects RUDs from various firms under investigation and cannot expect to supply re-typed copies due to potential bulkiness of documents – Court not inclined to entertain writ petition – Petitioner permitted to avail appellate remedy under Section 107 of CGST Act by 15.07.2025 along with pre-deposit not to be dismissed on ground of limitation.

Represented By:

Counsel for the Petitioner: Anurag Ahluwalia, Sr. Advocate along with assistant counsel (appearance not given)

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