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Patna High Court

M/S C.S. Construction (a Partnership Firm)versusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to challenge the appellate order under Section 112 of the Bihar GST Act, 2017 and disposed of the writ petition.

Summary

The petitioner, a construction partnership, filed a writ petition challenging several orders including an appellate order dated 15‑02‑2025 and ex parte tax assessments under the Bihar GST Act. The petitioner sought quashing of the appellate order, setting aside of tax, interest and penalty demands, release of a bank account attachment, and other reliefs. The petitioners' counsel specifically requested liberty to challenge the appellate order under Section 112 of the Bihar Goods and Services Tax Act, 2017. The Court granted the liberty to raise the challenge under the said provision. Consequently, the petition was disposed of after granting the requested liberty.

Issues considered

  • Whether the petitioner is entitled to liberty to challenge the appellate order dated 15‑02‑2025 under Section 112 of the Bihar Goods and Services Tax Act, 2017.

Legislation cited

Subjects

  • GST
  • Section 112
  • appellate order
  • ex parte order
  • bank attachment
  • tax demand
  • civil writ jurisdiction
  • relief

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11053 of 2025
                 ======================================================
                 M/S C.S. Construction (a Partnership Firm) having its registered office at
                 Gayatri Nagar, Motihari, P.S.-Motihari Sadar, District-East Champaran,
                 through its Authorized Signatory Mr. Nilesh Kumar Srivastava, aged about 33
                 years, S/o Shri Anil Kumar Shrivastava.
                                                                           ... ... Petitioner/s
                                                    Versus

            1. The Union of India through the Secretary, Ministry of Finance, Department
                 of Revenue, having its office at Room No. 46, North Block, P.O. and P.S.
                 North Block, New Delhi-110001.
            2. The Chief Commissioner, CGST and CX, Office at C.R. Building, 1st Floor,
                 Bir Chand Patel Path, Patna, Bihar.
            3. The State of Bihar through Commissioner BGST, New Secretariat, Patna.
            4. Joint Commissioner of State Tax, Motihari Circle, District-Motihari, Bihar.
            5. Deputy Commissioner of State tax, Motihari Circle, District-Motihari, Bihar.
            6. Assistant Commissioner of State Tax, Motihari Circle, District-Motihari,
                 Bihar.
            7. Additional Commissioner (Appeal) Tirhut Division, Muzaffarpur.
                                                                     ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Anurag Saurav, Advocate
                 For the Respondent/s   :      Mr. Sriram Krishna, Advocate
                                               Mr. Prabhat Kumar Singh, Advocate
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   22-04-2026                 The present writ petition has been filed seeking the

                   following reliefs:-

                                             “(i) For issuance of appropriate writs or
                                  writ in the nature of certiorari for quashing of order
                                  dated 15.02.2025 passed by Additional Commissioner
                                  (Appeal), Tirhut Division, Muzaffarpur in Appeal Case
                                  bearing Appeal Case No. ARN No. AD100224005592T
Patna High Court CWJC No.11053 of 2025(2) dt.22-04-2026
                                            2/3




                         for the financial year 2018-19 whereby and where under
                         the Appellate Authority upheld the order dated
                         15.02.2025 passed by Respondent no.6 and directed to
                         issue APL-IV to the petitioner and the appellate
                         authority passed the order without considering the
                         material produced by the petitioner during course of
                         hearing and without considering the Circular No. 183 of
                         2022 issued by GST Council for acceptance of ITC in
                         case of dealers failed to furnish return at the point of
                         sale and the amount of ITC is not reflecting in the
                         GSTR2A.
                                      (ii) For Issuance of an appropriate writ/
                         order/ direction for setting aside Ex parte Order Dated
                         29.09.2023 passed under section 73 of GST Act,2017 by
                         respondent no.6 i.e Assistant Commissioner of State Tax
                         jurisdiction, Motihari Circle, East Champraran, Bihar,
                         Whereby and Where under respondent no.6 has imposed
                         tax amount of Rs. 2,75,267/- under IGST, Rs.24,94,457/-
                         under CGST and SGST; Interest of Rs.1,77,830 under
                         IGST, Rs.16,71,631 Under CGST & SGST and Penalty
                         of Rs.27,527/-under IGST and Rs.2,49,446/-Under
                         CGST & SGST under section 73 of BGST Act and the
                         said proceeding has been initiated by the respondent
                         authority without providing any opportunity of hearing
                         to the petitioner..
                                      (iii) For setting aside Order bearing
                         Reference No. ZD1009230358992 Dated:29.09.2023
                         passed under Section 73 of BGST Act,2017, Whereby
                         and     Whereunder       an      amount   of   Rs.5,22,705/-,
                         Rs.47,36,734 -, and Rs.47,36,734/- has been imposed
                         against the petitioner as IGST, CGST and SGST
                         respectively for the Financial Year 2018-19.
                                      (iv) For setting aside the demand notice
                         issued in the Form of DRC 07 bearing Reference No.
                         ZD1009230358992 Dated: 29.09.2023 Whereby and
          Patna High Court CWJC No.11053 of 2025(2) dt.22-04-2026
                                                      3/3




                                   Where under an amount of Rs.99,96,173/- has been
                                   imposed as Tax, Interest and Penalty under IGST, CGST
                                   and SGST.
                                                (v) For Issuance of Writ in the nature of
                                   mandamus directing the respondent authorities to
                                   release the bank account of the petitioner already
                                   attached during the proceeding.
                                                (vi) For restraining the respondent authority
                                   for issuance of DRC 13 for recovery of tax amount
                                   through the Bank account attachment.
                                                (vii) For issuance of an appropriate Writ(s),
                                   order(S), and/or direction(s), as Your Lordships may
                                   deem fit and proper in the facts and circumstances of
                                   this case in the interest of justice.”

                                2. At the outset, the learned counsel for the petitioner

                    seeks liberty on behalf of the petitioner to challenge the

                    appellate order dated 15.02.2025 passed by the Additional

                    Commissioner          (Appeal),         State   Tax,    Tirhut    Division,

                    Muzaffarpur by availing the remedy available under Section 112

                    of the Bihar Goods and Services Tax Act, 2017. Liberty, so

                    sought, is granted.

                                3. Accordingly, the present petition stands disposed

                    of.


                                            (Mohit Kumar Shah, J)


                                              (Arun Kumar Jha, J)
GAURAV S./-
U


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