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

Delhi HC directs GST Appellate Authority to determine pre-deposit amount

Case Law Details

TaxGuru Citation
2025 taxguru.in 3901
Case Name
Shivalik Housekeeping Services Vs Department of Revenue And Ors (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Subscribe to download.

Already Upgraded? Log in.

Advertisement

Shivalik Housekeeping Services Vs Department of Revenue And Ors (Delhi High Court)

In a recent order, the Delhi High Court has addressed a writ petition filed by Shivalik Housekeeping Services challenging a Goods and Services Tax (GST) demand of ₹21,80,36,550. The petitioner, which supplies housekeeping services to government educational institutions, sought a waiver of the mandatory 10% pre-deposit required to file an appeal against the Order in Original dated January 20, 2025. The company contended that its services are exempt from GST under Notification No.12/2017- Central Tax (Rate) and a subsequent 2018 notification, arguing that the services rendered to government educational bodies fall under the ‘pure services’ category. It was submitted to the court that based on this interpretation, the company had not collected any GST from its clients. The High Court, after issuing notice to the Department of Revenue, opined that the core issue—whether the petitioner’s clients are covered by the exemption notifications—is a factual matter that requires detailed examination of each client’s status. The court deemed the Appellate Authority the appropriate forum for this determination. Acknowledging the “peculiar facts” of the case, specifically that the petitioner had not collected the tax from its clients, the court permitted the company to file its appeal by July 10, 2025. In its final directive, the High Court disposed of the petition by instructing the Appellate Authority to first consider the facts and then determine the pre-deposit amount payable by Shivalik Housekeeping Services, rather than granting a direct waiver.

Paid content

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

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 22,690

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