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HomeGSTGSTAT Questions Dept.’s Absence from Hearing, Directs Compliance with Earlier Order

GSTAT Questions Dept.’s Absence from Hearing, Directs Compliance with Earlier Order

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The GST Appellate Tribunal (GSTAT) has expressed concern over the department’s failure to appear at a hearing or clarify whether it would file a counter-reply. The matter remains pending and will be heard again on October 9, 2026.

The Bench of Sanjay Kumar Aggarwal (Judicial Member) and Rajiv Kapoor (Technical Member) directed compliance with its previous order once again and listed the appeal for October 9, 2026. It did not decide the underlying GST dispute or record what relief was sought in the appeal.

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The GSTAT’s Division Bench, Court I, observed that neither the Deputy Commissioner nor an authorised departmental representative was present at its September 15 hearing. Their absence left the Bench without an answer on whether a counter-reply would be filed, as the Deputy Commissioner had indicated at the previous hearing.

“This Bench is not able to understand as to why the Appellant is not giving due priority to the Tribunal proceedings,” the order stated. The Bench said routine official meetings did not justify responsible officers skipping a court appearance. It advised the Deputy Commissioner to be careful in future and ensure that either he or an authorised departmental representative attends the proceedings.

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Read More: Omission of GST Refund Restriction Applies to Pending Proceedings in Absence of Saving Clause: CBIC Accepts Supreme Court Ruling

Nikhil Bhandari
Nikhil Bhandari
Nikhil Bhandari is a Chartered Accountant and a Indirect Tax professional with over 5 years of post-qualification experience in tax advisory, compliance management, and tax process optimization. Associated with SDU LLP since August 2015 spanning his articleship through to his current role as Assistant Manager Nikhil has uniquely navigated India’s transition from the legacy tax regime into the GST era.His expertise encompasses both strategic advisory and Indirect Tax litigation, where he represents clients in complex disputes across the manufacturing, service, and e-commerce sectors. By providing high-level counsel to corporate leadership, he ensures that tax positions are not only robust and compliant but also structured for long-term operational efficiency.Beyond his core practice, Nikhil is a proactive contributor to the GST ecosystem. He is dedicated to tracking and analyzing judicial precedents from various High Courts and the Supreme Court, fostering greater clarity and ease of access to tax intelligence for the wider professional community.

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