Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTBombay High Court Stays Rs. 71.23 Crore GST Demand Based On 4...

Bombay High Court Stays Rs. 71.23 Crore GST Demand Based On 4 Years Consolidated NoticeĀ 

Published on

šŸš€ Stay Connected With JurisHour

WhatsApp X Telegram

The Aurangabad bench of Bombay High Court has stayed Rs. 71.23 Crore GST demand based on 4 years consolidated notice.

The bench of Justice S. G. Mehare and Justice Shailesh P. Brahme has observed that there is a prima facie material to stay the demand as issuing consolidated notice is impermissible and it goes to the hook of the jurisdiction. Taxing double for the same thing, is prima facie unjustifiable and since the product for which the GST sought is industry base, it is not taxable. 

The petitioner/assessee was served with consolidated notice by respondent No.3 for paying GST from the year 2017 – 2021. After show-cause, the petitioner had explained the said notice. However, his explanation was not accepted and the impugned order was passed, holding the respondents liable to pay Rs.71,23,02,689 with fine of equal amount.

The department had raised an objection that since efficacious alternate remedy is available under Section 107 of the Central Goods and Service Tax Act, 2017, the Court may not exercise the writ jurisdiction under Article 227 of the Constitution of India.

The petitioner contended that issuing consolidated notice is impermissible and it goes to the hook of the jurisdiction. Taxing double for the same thing, is prima facie unjustifiable and since the product for which the GST sought is industry base, it is not taxable. 

The court said that since prima facie it was satisfied with the arguments advanced by the counsel for the petitioner, there shall be interim stay to the order till the next date.

Case Details

Case Title: Ms Grainotch Industries Ltd Versus The Union Of India 

Case No.: Writ Petition No. 1262 Of 2025

Date: 30/01/2025

Counsel For Petitioner: Alok Sharma

Counsel For Respondent: Ajay G. Talhar

Read More: Delhi High Court Upholds Order Initiating Disciplinary Proceedings Against Joint Controller General of Accounts (Administration)

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

No GST on Assignment of GIDC Leasehold Rights: Gujarat High Court Orders Refund of ITC Reversal With Interest

The Gujarat High Court has held that the assignment of leasehold rights in an...

NCLT Can’t Involve ED or CBI in Company Investigation Without Hearing Affected Parties: NCLAT

The National Company Law Appellate Tribunal (NCLAT) has held that the National Company Law...

Personal Customs Penalty Proceedings Against Company Director Abate After His Death: Bombay High Court

The Bombay High Court has declared that customs penalty proceedings initiated against a company...

GST Order Passed Without Hearing Quashed: Madras High CourtĀ 

The Madras High Court has set aside a GST assessment order passed under Section...

More like this

No GST on Assignment of GIDC Leasehold Rights: Gujarat High Court Orders Refund of ITC Reversal With Interest

The Gujarat High Court has held that the assignment of leasehold rights in an...

NCLT Can’t Involve ED or CBI in Company Investigation Without Hearing Affected Parties: NCLAT

The National Company Law Appellate Tribunal (NCLAT) has held that the National Company Law...

Personal Customs Penalty Proceedings Against Company Director Abate After His Death: Bombay High Court

The Bombay High Court has declared that customs penalty proceedings initiated against a company...