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Patna High Court

M/s Nanda Devi (a Sole Proprietorship Firm)versusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to file an appeal under Section 112 of the Bihar GST Act, 2017, and disposed of the writ petition.

Summary

M/s Nanda Devi filed a writ petition in the Patna High Court challenging an appellate order dated 28‑02‑2024 and an ex‑parte order imposing CGST/SGST tax, interest and penalty of Rs 7,97,038, alleging that the appellate authority failed to follow the Standard Operating Procedure and did not afford a personal hearing as required under Section 75(4) of the GST Act. The petitioner also sought release of a bank account attached in the proceedings and restraining further recovery notices. The court examined the petitioner's request to invoke the remedy under Section 112 of the Bihar Goods and Services Tax Act, 2017 to contest the appellate order. The judges granted liberty to the petitioner to pursue the appeal under the said provision. Consequently, the writ petition was disposed of without further orders.

Issues considered

  • Whether the appellate order dated 28‑02‑2024 can be challenged under Section 112 of the Bihar GST Act, 2017.
  • Whether the failure to consider the SOP Circular and to provide a personal hearing violates procedural requirements under Section 75(4) of the CGST Act.
  • Whether the attachment of the petitioner's bank account can be stayed pending the appeal.

Legislation cited

Subjects

  • GST
  • CGST
  • SGST
  • writ petition
  • certiorari
  • Section 112
  • tax assessment
  • bank account attachment
  • personal hearing
  • procedural fairness

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11249 of 2025
                 ======================================================
                 M/s Nanda Devi (a Sole Proprietorship Firm) having its registered office at
                 Ward No. 30, Behind Town Hall, Gayatri Nagar, Motihari, District- West
                 Champaran, Bihar. through its Authorized Signatory, Mr. Nilesh Kumar
                 Srivastava, aged about 34 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 the Commissioner, BGST, New Secretariat,
                 Patna.
           4.    Joint Commissioner of State Tax, Motihari, Tirhut, Bihar.
           5.    Deputy Commissioner of State Tax, Motihari, Tirhut, Bihar.
           6.    Assistant Commissioner of State Tax, Motihari, Tirhut, 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, Sr. Standing Counsel
                                                Ms. Ruchi Mandal, Jr. SC, 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:-

                                              “(i) For issuance of appropriate writs or writ
                                  in the nature of certiorari for quashing of the order dated
                                  28.02.2024 passed by the Additional Commissioner
                                  (Appeal), Tirhut Division, Muzaffarpur in Appeal Case
                                  bearing Appeal Case No. ARN No. AD100722001438N
                                  for the financial year 2019-20 whereby and where under
Patna High Court CWJC No.11249 of 2025(2) dt.22-04-2026
                                            2/3




                         the Appellate Authority upheld the order dated
                         09.01.2021 passed by Respondent no.6 and directed to
                         issue APL-IV to the petitioner and the appellate authority
                         passed the order without considering the Standard
                         Operating Procedure (S.O.P.) issued vide Circular No.
                         129/48/2019 (GST) dated 24.12.2019 and without
                         considering the fact that above mention order had been
                         passed without providing the personal hearing to the
                         petitioner, as prescribed under section 75(4) of GST Act.
                                      (ii) For Issuance of an appropriate writ/
                         order/ direction for issuance of writ in the nature of
                         Certiorari for setting aside Ex parte Order Dated
                         08.01.2021 passed under section 74 of GST Act,2017 by
                         respondent No. 6 i.e. Assistant Commissioner of State
                         Tax jurisdiction, Motihari Tirhut, Motihari, Bihar,
                         Whereby and Where under respondent no.6 has imposed
                         tax of an amount of Rs. 3,87,066/-, interest of Rs.
                         22,906/- and Penalty of Rs. 3,87,066/- under CGST and
                         SGST, i.e. total amount of Rs. 7,97,038/- and the said
                         proceeding has been initiated by the respondent
                         authorities on the ground that an amount of Rs.
                         32,25,558 – were reflecting in GSTR7 of Government
                         Department on which TDS had been deducted by the
                         Government Authority before making payment to the
                         petitioner against work done and the said amount was
                         not mentioned in the GSTR3B Return of the petitioner
                         and petitioner had suppressed an amount of
                         Rs.32,25,558/- as Taxable Turn Over.
                                      (iii) For setting aside Order bearing
                         Reference No. ZD100121007669X Dated:09.01.2021
                         passed under Section 74 of CGST Act,2017, whereby and
                         Where under an amount of Rs.7,97,038/- has been
                         imposed against the petitioner for the Financial Year
                         2019-20 as CGST & SGST, including Tax, Interest and
                         Penalty.
                                      (iv) For setting aside the demand notice
                         issued in the Form of DRC 07 bearing Reference No.
                         ZD100121007669X Dated: 09.01.2021 Whereby and
                         Where under an amount of Rs.7,97,038/- has been
                         imposed as Tax, Interest and Penalty under 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.
          Patna High Court CWJC No.11249 of 2025(2) dt.22-04-2026
                                                      3/3




                                                (vi) For restraining the respondent authority
                                   from issuing DRC 13 for recovery of the 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 28.02.2024 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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