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Madras HC Allows Fresh GST Adjudication as Taxpayer Agreed to Deposit 50% Tax

Case Law Details

TaxGuru Citation
2026 taxguru.in 5889
Case Name
Sun India Pharma Distributors Vs Assistant Commissioner of GST & Central Excise (Madras High Court)
Date of Judgement/Order
Only available for paid members
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Sun India Pharma Distributors Vs Assistant Commissioner of GST & Central Excise (Madras High Court)

In the case before the Madras High Court, the petitioner challenged an order dated 28.08.2024 passed for the tax period 2019-2020 under the GST enactments. The impugned order had confirmed the demand proposed in FORM GST ASMT-10 dated 08.03.2024 after the reply submitted by the petitioner was treated as unsatisfactory.

The Court noted that the statutory period for filing an appeal under Section 107 of the GST enactments against the impugned order had already expired. The writ petition was filed only on 09.04.2026. Despite expiry of the appeal limitation period, the petitioner submitted that it was willing to deposit 50% of the disputed tax amount confirmed by the impugned order and sought one opportunity for de novo consideration of the matter.

The learned Senior Standing Counsel appearing for the respondent stated that there was no objection to such request, subject to the petitioner depositing the proposed amount.

Recording the consent of both parties, the High Court remitted the matter back to the first respondent for fresh adjudication on merits, subject to the petitioner depositing 50% of the disputed tax either in cash or through the Electronic Cash Register within thirty days from receipt of the order.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,612

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