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Patna High Court

The Peripheral ServiceversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed, and the petitioner is directed to pursue the alternative remedy under the Finance Act, 1994.

Summary

The proprietor of Peripheral Service filed a writ petition in the Patna High Court challenging Adjudication Order No. 63/ST/AC/2024 dated 03.04.2025, which imposed service tax, interest, and multiple penalties under the Finance Act, 1994 for the period April 2016 to June 2017. The petitioner sought quashing of the order and a stay of its operation, contending that the order was erroneous. The Court examined whether a writ jurisdiction is appropriate for challenging the adjudication order and whether the petitioner must first avail the alternative remedy provided under the Finance Act. The Court held that the writ petition could not be entertained in this form and directed the petitioner to pursue the statutory remedy available under the Finance Act. Consequently, the petition was disposed of without granting any relief, with liberty granted to approach the appropriate alternative remedy.

Issues considered

  • Whether the High Court can quash an adjudication order passed under Section 73 of the Finance Act, 1994 through a writ petition.
  • Whether the petitioner is required to avail the alternative remedy prescribed under the Finance Act before approaching the court.

Legislation cited

Subjects

  • Service Tax
  • Finance Act 1994
  • Adjudication Order
  • Writ Petition
  • Penalty
  • CGST
  • Jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.11102 of 2025
                 ======================================================
                 The Peripheral Service through its Proprietor- Shri Rajesh Kumar, Aged about
                 56 years, Male, S/o Late Jagdeo Prasad Singh, Address Office No.03, M.F.,
                 Om Complex, S.P. Verma Road, Post Office-GPO, Police Station- Kotawali,
                 Patna-800001.


                                                                             ... ... Petitioner/s
                                                   Versus

           1.    The Union of India through the Commissioner of Central Goods and Service
                 Tax and Central Excise Patna-I, 3rd Floor, GST Bhawan, Central Revenue
                 Building, Birchand Patel Path, Police Station- Kotwali, Post-Office- GPO,
                 Patna -800001.
           2.    The Assistant Commissioner, Central Goods and Service Tax and Central
                 Excise Hqrs. Patna-I, 3rd Floor, GST Bhawan, Central Revenue Building,
                 Birchand Patel Path, Police station- Kotwali, Post-Office- GPO, Patna
                 -800001
           3.    The Assistant Commissioner, Patna Central Division, Central Goods and
                 Service Tax and Central Excise, Chandpura House, Near Dadi ji Mandir,
                 Bank Road, West Gandhi Maidan, Police Station- Gandhi Maidan, Post-
                 office- GPO, Patna -800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Radha Raman, Advocate
                 For the Respondent/s   :      Mr. Sriram Krishna (Sr. Standing Counsel, CGST)
                                               Mr. Prabhat Kumar Singh, Advocate
                                               Ms. Ruchi Mandal, Jr. Counsel, CGST
                 ======================================================
                   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:-

                                                    “1. That instant Writ-petition is being
Patna High Court CWJC No.11102 of 2025(2) dt.22-04-2026
                                            2/3




                                  filed for issuance of an appropriate Writ/ Order/
                                  Orders/Direction for Quashing Adjudication
                                  Order No. 63/ST/AC/2024, dated 03.04.2025,
                                  under DIN-2025460XV00000DFY3 (Annexure-
                                  P:2) passed by the respondent no.2, under
                                  Section 73 of the Finance Act, 1994, wherein
                                  demand of Service Tax Rs.1,88,452.00 confirmed
                                  under Section 73, along with interest under
                                  Section 75 and imposed penalty amounting to Rs.
                                  1,88,452.00      under   Section      78,   Penalty
                                  Rs.30,000.00 under Section 77(2) and penalty
                                  Rs.10,000.00 under Section 77(1)(c)(ii) of the
                                  Finance Act, 1994, in relating to tax period April,
                                  2016 to June, 2017 which has been passed in
                                  context of Demand-Cum-Show Cause Notice
                                  issued          under      C.No.II(39)784/CGST-
                                  PCD/SCN/TPS/2021-22/3004, dated 23.10.2021,
                                  DIN      20211260XU0000337EBI           (hereinafter
                                  referred as DSCN) (Annexure-P:1), issued by
                                  respondent no.3.
                                                               And
                                               The petitioner may be granted stay of
                                  operation of order impugned till disposal of
                                  instant petition.
                                                              And/or
                                               The petitioner may be granted any
                                  other relief/reliefs for which he may be deemed
                                  entitled to by this Hon’ble Court.”

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

          seeks liberty on behalf of the petitioner to avail appropriate

          alternative remedy as is provided for under the provisions of the

          Finance Act, 1994. Liberty, so sought, is granted.
          Patna High Court CWJC No.11102 of 2025(2) dt.22-04-2026
                                                      3/3




                                3. Accordingly, the present writ petition stands

                    disposed of.


                                            (Mohit Kumar Shah, J)


                                              (Arun Kumar Jha, J)

GAURAV S./-
U


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