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Patna High Court

Asma Automobiles Private LimitedversusState of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ petition, directing that the tax recovered be refunded if the assessment order was indeed withdrawn.

Summary

Asma Automobiles Private Limited filed a writ petition challenging a GST demand order dated 12‑12‑2019 issued by the Assistant Commissioner of State Tax, Purnea, alleging that the notice was served only on the portal in violation of Section 169 of the Bihar GST Act and that the demand of ₹1,03,31,937 was illegal, amounting to double taxation. The petitioner also claimed that the assessment order dated 12‑01‑2021 had been withdrawn and therefore sought a refund of the tax recovered. The respondents contended that the demand was lawful under the Act and Rules. The Court examined the service of notice, the applicability of Section 62(2) of the Bihar GST Act, and the effect of the alleged withdrawal of the assessment order. It held that if the assessment order was indeed withdrawn, the recovered amount must be refunded to the petitioner. Accordingly, the writ petition was disposed with a direction for refund, subject to verification of the withdrawal.

Issues considered

  • Whether service of the GST demand order solely on the portal violates Section 169 of the Bihar Goods and Services Tax Act, 2017.
  • Whether the tax demand contravenes Section 62(2) of the Bihar GST Act and amounts to double taxation under Article 265 of the Constitution.
  • Whether the petitioner is entitled to a refund of tax recovered after the assessment order dated 12‑01‑2021 was withdrawn.

Legislation cited

Subjects

  • GST
  • tax demand
  • service of notice
  • double taxation
  • refund
  • assessment order withdrawal
  • writ petition
  • Bihar GST Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.14210 of 2025
                 ======================================================
                 Asma Automobiles Private Limited a company registered under Companies
                 Act, 1956 having its office having its office at NH 31, Jail Chowk, Purnea-
                 854301, Bihar 852123 through its Director Sahir Khan (Male, aged about 29
                 years) son of Irshad Ahmad Khan, resident of 107, Road No. 4, Near Park,
                 Sampatchak, Rajendra Nagar, Patna, Bihar 800016.

                                                                               ... ... Petitioner/s
                                                    Versus

           1.    State of Bihar through Commissioner of State Tax, Bihar, Patna having its
                 office at Kar Bhawan, Birchand Patel Marg, Patna 800001.
           2.    Asst. Commissioner of State Tax, Purnea, Circle 1, Purnea, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. D.V. Pathy, Sr. Advocate
                                               Mr.Sadashiv Tiwari, Advocate
                                               Mr. Hiresh Karan, Advocate
                                               Ms. Shivani Dewalla, Advocate
                 For the Respondent/s   :      Government Pleader-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   29-04-2026              The present writ petition has been filed by the petitioner

                   seeking the following reliefs:-

                                  “1(i) The order dated 12.12.2019 (as contained in
                                  Annexure -P1 series) passed by the respondent no.2
                                  for month of October 2019 falling in the Financial
                                  Year 2019-20 in Form GST DRC - 07 under section
                                  73 of the Bihar Goods and Services Tax Act, 2017
                                  (hereinafter called the Act) served only on the portal
                                  and not served by other modes of service in terms of
                                  section 169 of the Act levying tax, amounting to
                                  43,68,668 each under CGST and SGST and cess
Patna High Court CWJC No.14210 of 2025(2) dt.29-04-2026
                                           2/3




                       amounting to 15,94,599 totaling₹ 1,03,31,937 on the
                       solitary ground of non-filing of return in GSTR 3B
                       (in view of filing of return in Form GSTR 3B on
                       31.12.2019) and payment of tax and late fee within a
                       period of 30 days of the order in view of statutory
                       provisions contained in section 62 (2) of the Act and
                       also interest and being contrary to the said statutory
                       provision and also Article 265 of the Constitution of
                       India and the principles of double taxation be set
                       aside and quashed.
                       (ii) The respondent no. 2 be directed to refund the
                       amount of tax collected by debiting the electronic
                       credit ledger to recover the tax determined by him
                       under section 62 of the Act after filing of the return
                       for month of October 2019.
                       (iii) The order dated 12.12.2019 (as contained in
                       Annexure P 1 series) issued by the respondent no.2
                       in Form GST DRC-07 in terms of Rule 100 (2) and
                       142 (1) (a) of the Central Goods and Services Tax
                       Rules, 2017 (hereinafter called the Rules) for the Tax
                       Period 2019-20 on the basis of a summary of show
                       cause notice shown only on the portal and not served
                       by other modes of service in terms of section 169 of
                       the Act being contrary to the Rules be set aside and
                       quashed.”
          2.      At the outset, the Ld. Senior Counsel for the petitioner

          has submitted, by referring to the rejoinder affidavit filed in the

          present case, that the assessment order dated 12.01.2021, passed

          by the Deputy/Assistant Commissioner of State Tax, Purnea
         Patna High Court CWJC No.14210 of 2025(2) dt.29-04-2026
                                                    3/3




                   Circle, Purnea for the month of October, 2019 falling in the

                   financial year 2019-20 has stood withdrawn, hence the amount

                   which has been recovered by the respondents be directed to be

                   refunded back in case the same has not yet been automatically

                   credited in the account of the petitioner, as has been averred by

                   the Ld. Counsel for the respondents.

                   3.      Having regard to the facts and circumstances of the case,

                   we deem it fit and proper to dispose of the present writ petition

                   with a direction that in case the averment of the Ld. Sr. Counsel

                   for the petitioner to the effect that the assessment order in

                   question has stood withdrawn, is correct, the amount so

                   recovered be refunded back to the petitioner in case the same

                   has not yet been credited in favour of the petitioner.

                   4.      Accordingly, the writ petition stands disposed of.



                                          (Mohit Kumar Shah, J)


                                            ( Arun Kumar Jha, J)
S.Sb/-

U


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