Patna High Court
Ajit Kumar JhaversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file an appeal against the impugned order and dismissed the writ petition.
Summary
Ajit Kumar Jha filed a writ petition in the Patna High Court challenging an order dated 30‑06‑2025 passed by the Commissioner (Appeals) of Central GST and Central Excise, Patna, which had partially allowed his appeal and modified the service tax demand, interest, and several penalties under the Finance Act for the FY 2016‑17. The petitioner sought the setting aside of that order. The Court, after hearing, granted the petitioner liberty to challenge the order by filing an appropriate appeal before the competent authority and disposed of the writ petition. No substantive merits of the tax assessment were adjudicated in the writ proceedings.
Issues considered
- What relief, if any, can be granted by a High Court writ petition challenging an order of the Commissioner (Appeals) under the Finance Act?
Legislation cited
- Finance Act — s. 70, 75, 77(1)(a), 78
- Service Tax Rules, 1994 — s. Rule 7C
Subjects
- service tax
- penalty
- interest
- writ petition
- high court
- appeal
- Finance Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15420 of 2025
======================================================
Ajit Kumar Jha Son of Jivkant Jha, resident of village- Bahadurpur, P.S.-
Bahadurpur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Finance, Government
of India.
2. The Chief Commissioner, Central GST Central Excise, Ranchi Zone, Patna.
3. The Commissioner (Appeal's) Central GST and Central Excise Patna II
Patna.
4. The Deputy Commissioner, GST and CX Division, Darbhanga.
5. The Assistant Commissioner, Central Goods and Service Tax, Division
Darbhanga.
6. The Superintendent (Appeals) Customs, Central GST and Central Excise,
Patna.
7. The State of Bihar through The Executive Engineer, Rural Works,
Department, Works Division, Muzaffarpur, East -2.
8. The Executive Engineer, Rural Works, Department, Works Division,
Darbhanga - 1.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Adv.
For the Respondent/s-UoI: Mr. Anshuman Singh
Sr. Standing Counsel CGST
For the State : Ms. Shweta Anand
A.C. to G.P. 13
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 13-05-2026 The present writ petition has been filed seeking the
following reliefs:-
“That this is an application for issuance of appropriate
writ/writs, order/orders, direction/directions for setting aside
the order dated 30.06.2025 passed in Appeal No.
70/Pat/S.Tax/Appeal /2025-26 passed by Respondent no. 3
Patna High Court CWJC No.15420 of 2025(2) dt.13-05-2026
2/2
whereby and whereunder the appeal filed by the petitioner
was partially allowed and the demand of total service tax
(including cess) for the financial year 2016-17. was modified
to the extent of Rs. 13,69,623/- from Rs. 35,66,063/- for
services provided during the relevant period, and also
modified the rate of interest under section 75 of the Finance
Act to the extent of service tax evaded, further modified the
penalty amount under section 78 of the Finance Act to Rs.
13,69,623, further affirmed penalty of Rs. 10,000/- under
Section 77(1) (a) of the Finance Act, further affirmed penalty
of Rs.10,000/- under section 70 of Finance Act read with rule
7C of Service Tax rules, 1994 and further affirmed the
penality of Rs. 10000/- under section 77(1)(c)(ii) of the
Finance act.”
2. At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the
impugned order dated 30.06.2025, passed by the learned
Commissioner (Appeals) of Customs, Central GST & Central
Excise, Patna by filing appropriate appeal. Liberty so sought is
granted.
3. The writ petition stands disposed of.
(Mohit Kumar Shah, J)
( Arun Kumar Jha, J)
kanchan/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.