SREI EQUIPMENT FINANCE LIMITED v. OFFICE OF THE ASSISTANT COMMISSIONER & ORS.

📅 June 4, 2026 👤 Team Batuk Consultancy 📂 Laws, GST Case Laws

High Court, Delhi

Nitin Wasudeo Sambre, Justice & Ajay Digpaul, Justice

SREI EQUIPMENT FINANCE LIMITED

OFFICE OF THE ASSISTANT COMMISSIONER & ORS.

Law : GST

Act Name : Central Goods & Service Tax Act, 2017

Decision : In favour of assessee

Demand – Section 74 – Proceedings during subsisting IBC moratorium – Non-consideration of jurisdictional objection – Violation of natural justice – Proceedings initiated pursuant to investigation alleging availment of ITC on invoices without underlying supply – Petitioner contended CIRP initiated under IBC and moratorium declared by NCLT, thus proceedings ought to be kept in abeyance and claim be lodged before Resolution Professional – Court observed failure to consider specific jurisdictional objection based on statutory protection under IBC amounts to non-application of mind and denial of opportunity of hearing – Alternative remedy not bar to exercise of writ jurisdiction – Held: Writ petition allowed – Order set aside – Matter remanded to adjudicating authority to grant proper opportunity of hearing and consider all submissions including effect of IBC moratorium – Petitioner to appear with written submissions – Authority to pass fresh reasoned order expeditiously.

Represented By:

Counsel for the Petitioner: Anirban Bhattacharya, Priyanka Bhatt & Rajeev Chowdhary

SREI EQUIPMENT FINANCE LIMITED v. OFFICE OF THE ASSISTANT COMMISSIONER & ORS.

SREI EQUIPMENT FINANCE LIMITED v. OFFICE OF THE ASSISTANT COMMISSIONER & ORS.

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