HomeGSTDelhi High Court Sets Aside Rs. 11 Lakh GST Demand, Cites Improper...

Delhi High Court Sets Aside Rs. 11 Lakh GST Demand, Cites Improper Service of Show Cause Notice

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Delhi High Court has set aside a tax demand of ₹11,12,023 raised against Triveni Sales Corporation, holding that the company was denied a fair opportunity to respond to a Show Cause Notice (SCN) issued by the Department of Trade and Taxes, Government of NCT of Delhi.

The Bench of Justice Prathiba M. Singh and Justice Shail Jain observed that the SCN was uploaded only on the “Additional Notices” tab of the GST portal, which was not adequately visible to taxpayers at the time. Consequently, the petitioner could not respond in time, and an order was passed against it on 30 March 2024.

The court noted that similar issues had arisen in other cases where notices uploaded in the “Additional Notices & Orders” tab went unnoticed. Referring to its earlier judgments, the court stressed that taxpayers must be given a clear opportunity to present their case before any demand is raised.

The court remanded the case back to the adjudicating authority, directing that Triveni Sales be allowed to refile its reply by 31 August 2025. The authority was instructed to issue a fresh notice for personal hearing via both email and mobile communication.

The bench further clarified that the fresh order to be passed would remain subject to the Supreme Court’s decision in S.L.P No. 4240/2025 (M/s HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax & Ors).

Additionally, the court directed that Triveni Sales be provided access to the GST portal within one week to enable it to upload its reply and review all related documents.

Case Details

Case Title: Triveni Sales Corporation Versus Government Of NCT Of Delhi

Case No.: W.P.(C) 10995/2025 & CM APPL. 45304/2025 CM APPL. 45305/2025

Date:  28th July, 2025

Counsel For  Petitioner: S Jaikumar

Counsel For Respondent: Appearance not given

Read More: Delhi High Court Dismisses Tata Play’s Plea Against Rs. 10.4 Crore GST Demand

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

Net Direct Tax Collections Jump 14.64% to ₹5.21 Lakh Crore; Advance Tax Surges 15.30% by June 17

India's direct tax collections have started FY 2026-27 on a strong note, with net...

Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC

The Gauhati High Court has upheld the seizure of 33,600 kilograms of areca nuts...

ITR-3 for AY 2026–27 Now Available on Income Tax e-Filing Portal; Online Filing and Excel Utility Enabled

Taxpayers and tax professionals can now begin preparing their income tax returns for Assessment...

ICAI Refutes Social Media Claims of Examination Data Breach, Assures Students of Complete Data Security

The Institute of Chartered Accountants of India (ICAI) has issued an important clarification dismissing...

More like this

Net Direct Tax Collections Jump 14.64% to ₹5.21 Lakh Crore; Advance Tax Surges 15.30% by June 17

India's direct tax collections have started FY 2026-27 on a strong note, with net...

Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC

The Gauhati High Court has upheld the seizure of 33,600 kilograms of areca nuts...

ITR-3 for AY 2026–27 Now Available on Income Tax e-Filing Portal; Online Filing and Excel Utility Enabled

Taxpayers and tax professionals can now begin preparing their income tax returns for Assessment...