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Patna High Court

M/S Bimal Kishore GautamversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed, but the petitioner is granted liberty to challenge the order by filing an appeal under the Central GST Act.

Summary

M/s Bimal Kishore Gautam filed a writ petition in the Patna High Court challenging a penalty of Rs.20,58,571 imposed by the Assistant Commissioner, Central GST and Central Excise, Purnea, under section 78 of the Finance Act read with section 174 of the Central GST Act, 2017, along with additional penalties under section 77(1)(a) of the Finance Act and for failure to file required documents and returns. The petitioner also contested a show‑cause notice dated 12.08.2022 demanding the same penalty and claimed that, as a sub‑contractor, it is exempt from service tax under Section 66B of the Finance Act as per Notification No. 25/2012. The court heard arguments from counsel for both sides. It held that the petitioner is free to challenge the order by filing an appeal under the provisions of the Central GST Act, but it did not interfere with the penalty order itself. Consequently, the writ petition was dismissed, with liberty granted to the petitioner to pursue the matter through the appropriate appellate route.

Issues considered

  • Whether the penalty imposed under section 78 of the Finance Act read with section 174 of the Central GST Act, 2017 is legally valid.
  • Whether the show‑cause notice demanding the penalty is procedurally and substantively correct.
  • Whether the petitioner, as a sub‑contractor, is exempt from service tax under Section 66B of the Finance Act (Notification No. 25/2012).

Legislation cited

Subjects

  • GST
  • penalty
  • service tax exemption
  • sub‑contractor
  • writ petition
  • certiorari
  • Finance Act
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.14115 of 2025
                 ======================================================
                 M/S Bimal Kishore Gautam (A proprietorship Firm) having registered address
                 at Ward No.05, Professor colony, Madhepura-852115, Bihar, through its
                 proprietor Bimal Kishore Gautam @ Bimal Kishore (Male), aged about 52
                 years, Son of Raj Kishore Prasad Yadav, resident of Ward No.05, Professor
                 Colony, Madhepura, P.S.-Madhepura, District- Madhepura, Bihar-852113.

                                                                          ... ... 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 (India).
           2.    The Commissioner (Appeal) Cenral GST and Central Excise Patna 2nd
                 Floor, C.R. Building (Annexi) Veer Chand Patel Path, Patna-800001, Bihar
                 (India).
           3.    The Assistant Commissioner, Central GST and Central Excise Division,
                 Purnea having its office At-New Sipahi Tola, Maranga Road, Purnea-854301
                 (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Surendra Singh, Adv.
                 For the Respondent/s   :     Mr.Anshuman Singh, Sr. SC, CGST & CX
                                              Mrs. Ruchi Mandal, Jr. SC, CGST & CX
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   17-06-2026            The present writ petition has been filed seeking the

                   following reliefs:-

                            “1(i). To issue an appropriate writ preferably in the
                            nature of certiorari for setting aside the order bearing
                            C.No.V(133)01/SCN/PUR             DIV/Bimal          Kishore/
                            2022/189/93 dated 25.01.2024 (Annexure-P7), passed
Patna High Court CWJC No.14115 of 2025(2) dt.17-06-2026
                                            2/3




                   by the Assistant Commissioner Central GST and Central
                   Excise, Division Purnea whereby and whereunder
                   penalty of Rs.20,58,571/-has been imposed upon the
                   petitioner under section 78 of the Finance Act read with
                   section 174 of the Central GST Act, 2017 and further
                   penalty of Rs.10,000/- has been imposed upon the
                   petitioner under section 77(1)(a) of the Finance Act read
                   with section 174 of Central GST Act 2017 along with
                   penalty of Rs. 82,600/- for failure to submission of
                   requisite documents compelled with imposition of
                   penalty of Rs.10,000/- for failure to file statutory ST-3
                   Return.
                   (ii). To issue an appropriate writ preferably in the nature
                   of         certiorari            for   notice     bearing
                   C.No.V(133)01/SCN/PUR                           DIV/Bimal
                   Kishore/2022/1171/dated 12.08.2022, issued under the
                   signature of Assistant Commissioner, Central GST and
                   Central Excise Division Purnea by which demand of
                   Rs. 20,58,571/- has been made from the petitioner and
                   show cause notice has been issued alleging non-
                   compliance of several provisions under the Finance Act
                   and CGST Act.
                   (iii). To hold and declare that the petitioner being sub-
                   contractor is exempted from service tax under Section
                   66B of the Finance Act under Notification No. 25/2012
                   service tax dated 20.06.2012, issued under the signature
                   of Under Secretary to the Government of India, Ministry
                   of Finance (Department of Revenue).”


          2.      After some arguments, the learned counsel for the
         Patna High Court CWJC No.14115 of 2025(2) dt.17-06-2026
                                                     3/3




                   petitioner seeks liberty on behalf of the petitioner to challenge

                   the    order     dated     25.1.2024,       passed   by   the   Assistant

                   Commissioner, Central GST and Central Excise Division-

                   Purnea, by filing appropriate appeal as per the provisions

                   contained under the Central Goods and Services Tax Act, 2017. Liberty,

                   so sought, is granted.

                   3.      Accordingly, the present writ petition stands dismissed.


                                          (Mohit Kumar Shah, J)


                                                 (Raj Kumar, J)

Ajay/-

U


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