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
HomeGSTGST Order Can’t Reject Taxpayer’s Reply as “Not Satisfactory” Without Reasons: Madhya...

GST Order Can’t Reject Taxpayer’s Reply as “Not Satisfactory” Without Reasons: Madhya Pradesh High Court

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Madhya Pradesh High Court has set aside a GST demand order passed by the Deputy Commissioner of State Tax, Bhopal, holding that a tax authority cannot dispose of a taxpayer’s detailed reply merely by recording that the response is “not satisfactory.” 

The bench of  Justice Vivek Rusia, Acting Chief Justice, and Justice Pradeep Mittal directed the assessing authority to reconsider the matter and pass a reasoned and speaking order after providing the taxpayer an opportunity of hearing.

The petitioner/assessee was served with a notice under Section 73 of the GST Act. In response, the petitioner submitted detailed replies, including the documents placed on record.

Buy Now: 130 GST Judgments – E-Magazine July 2026

Despite the detailed response, the Deputy Commissioner of State Tax proceeded to pass an order under Section 74 of the GST Act. The petitioner approached the High Court under Article 226 of the Constitution, challenging the validity of the order.

The High Court found that the manner in which the taxpayer’s reply had been dealt with was insufficient to sustain the order.

The Court noted that, so far as consideration of the taxpayer’s reply was concerned, the impugned order simply recorded that the reply was not satisfactory and consequently proceeded toward issuance of DRC-07 under Section 74.

According to the Bench, such an approach did not amount to proper consideration of the taxpayer’s defence. The Court specifically observed that there was “absolutely no consideration of the facts and grounds stated in the reply.”

The High Court emphasised the role of the assessing authority as a fact-finding officer. Such an authority, the Court held, is required to examine both the allegations contained in the show-cause notice and the defence submitted by the taxpayer.

The Court made it clear that an adjudication order must demonstrate an actual application of mind to the material placed before the authority. A conclusion unsupported by consideration of the taxpayer’s factual submissions cannot satisfy the requirement of a proper adjudication order.

Finding the order legally unsustainable, the Division Bench set aside the March 26, 2026 order passed by the Deputy Commissioner of State Tax, Bhopal.

Rather than terminating the proceedings outright, the Court remanded the matter to the assessing authority for fresh consideration. The authority has been directed to pass a reasoned and speaking order after granting the petitioner an opportunity of hearing.

Membership Required to Access Case Details & Order Copy

To view the complete Case Details and Download Order Copy, you must have an active membership. Please subscribe to continue.

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

Read More: Bombay High Court Directs GST Authorities to Clarify GST Liability on SEBI-Mandated Investor Education Fund Pooling

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 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.

Latest articles

GST Without Arrest  – A Tiger That Can Only Roar

This Article pertaining to “GST Without Arrest   - A Tiger That Can Only Roar” is written...

Rs. 1.88 Crore Tax Addition Falls As Scrutiny Notice Was Issued By Officer Without Jurisdiction: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has quashed an assessment...

GSTN Issues GST Reform FAQs Explain Rs. 10K Notice Threshold, Arrest Removal Proposal And Faster Refunds

A detailed FAQ document on the 57th GST Council’s recommendations explains a wide-ranging reform...

GST E-Invoicing Set To Cover RCM Self-Invoices For Taxpayers With ₹5 Crore Turnover; Sandbox Testing Enabled: GSTN

The Goods and Services Tax Network (GSTN) has announced system enhancements to enable e-invoicing...

More like this

GST Without Arrest  – A Tiger That Can Only Roar

This Article pertaining to “GST Without Arrest   - A Tiger That Can Only Roar” is written...

Rs. 1.88 Crore Tax Addition Falls As Scrutiny Notice Was Issued By Officer Without Jurisdiction: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has quashed an assessment...

GSTN Issues GST Reform FAQs Explain Rs. 10K Notice Threshold, Arrest Removal Proposal And Faster Refunds

A detailed FAQ document on the 57th GST Council’s recommendations explains a wide-ranging reform...