Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

Delhi HC Allows GST Adjudication to Proceed, Orders Supply of Relied Upon Documents

Case Law Details

TaxGuru Citation
2025 taxguru.in 8843
Case Name
Chetak Motors Pvt Ltd And Ors Vs Additional Commissioner (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Chetak Motors Pvt Ltd And Ors Vs Additional Commissioner (Delhi High Court)

The Delhi High Court, in the matter of Chetak Motors Pvt Ltd And Ors Vs Additional Commissioner, addressed a writ petition challenging a Show Cause Notice (SCN) issued under Section 74 of the Central Goods and Services Tax Act, 2017 (CGST Act). The petition was largely dismissed on the grounds of premature challenge, but the court intervened to safeguard the petitioner’s right to natural justice by directing the GST authority to furnish all Relied Upon Documents (RUDs).

Challenge to the Show Cause Notice

The petitioner, Chetak Motors, sought to quash the SCN dated June 24, 2025, on three main grounds:

1. Improper Invocation of Section 74: The petitioner argued that Section 74 of the CGST Act, which deals with cases involving fraud, willful misstatement, or suppression of facts, could not be invoked as these elements were absent. They contended that the dispute was merely interpretational or clerical, falling under the less stringent Section 73.

2. Pre-conceived Notion: An allegation was made that the GST authorities were proceeding with a pre-conceived notion, suggesting a lack of unbiased adjudication.

3. Non-supply of Relied Upon Documents (RUDs): The petitioner claimed the documents relied upon by the department were not provided, violating principles of natural justice.

Court’s Analysis and Holding

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,886

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.