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Patna High Court

M/S Kumhrar RoadwaysversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to approach the GST Tribunal under Section 112 of the Bihar GST Act and disposed of the writ petition.

Summary

M/S Kumhrar Roadways filed a writ petition in the Patna High Court challenging a tax demand of ₹41,12,301.60 for FY 2019‑20 issued under Section 73(9) of the Bihar GST Act, a show‑cause notice alleging turnover suppression under Section 73(1), and an order rejecting its appeal on the ground of delay despite a claim of illness. The petitioner sought quashing of the demand, the notice, and the rejection order, and asked for liberty to approach the GST Tribunal under Section 112 of the Bihar GST Act. The Court granted the petitioner's request for liberty to approach the Tribunal and disposed of the writ petition. No substantive merits of the tax demand were decided, as the petition was dismissed after granting the procedural liberty.

Issues considered

  • Whether the tax demand and show‑cause notice issued under the Bihar GST Act can be quashed on the ground of procedural irregularities and the petitioner’s status as a reverse charge mechanism registrant.
  • Whether the rejection of the petitioner's appeal on the ground of delay is valid in view of the claimed illness and whether the court should condone the delay.
  • Whether the petitioner is entitled to liberty to approach the GST Tribunal under Section 112 of the Bihar GST Act.

Legislation cited

Subjects

  • GST
  • tax demand
  • show cause notice
  • reverse charge mechanism
  • limitation
  • appeal
  • writ petition
  • Section 73
  • Section 112

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No. 18138 of 2025
                 ======================================================
                 M/S Kumhrar Roadways Opp. Shivam Petrol Pump, Kumhrar, P.S.-Agam
                 Kuan, Patna 800026, Bihar, through its Proprietor Jitendra Prasad, Male, aged
                 about 46 years, S/o Rama Nand Prasad, R/o Kumhrar, Opp. Shivam Petrol
                 Pump, P.S.- Agam Kuan, Patna-800026, District Patna, Bihar.

                                                                              ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through the Principal Secretary, Ministry of Finance
                 Department, Govt. of India, New Delhi.
           2.    The State of Bihar through the Principal Secretary, Finance Department,
                 Govt. of Bihar, Patna.
           3.    The Commissioner of State Tax, Govt. of Bihar, Patna.
           4.    The Additional Commissioner of State Tax (Appeal), East Division, Patna.
           5.    The Deputy Commissioner of State Tax, Patna City West Circle, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Dr. Ranjeet Kumar, Adv.
                                               Mr. Raju Prasad, Adv.
                                               Mr. Ankesh Kumar Sinha, Adv.
                                               Ms. Nupur Anand, Adv.
                 For the Respondent/s   :      Mr. Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   08-07-2026                     The present writ petition has been filed seeking the

                   following reliefs:-

                            (i) For quashing and setting aside the Order dated 31.08.2024
                            issued under Section 73(9) of the BGST/CGST Act, 2017 vide
                            Ref. No.ZD100824050956B by the Deputy Commissioner of
                            State Tax Patna City West Circle, whereby a tax demand of
                            ₹41,12,301.60 has been created for FY 2019-20.
                            (ii) For quashing the Show Cause Notice dated 30.05.2024
                            issued u/s 73(1) (DRC-01) alleging suppression of turnover,
                            which has been issued mechanically and without proper
                            application of mind, ignoring that the petitioner is a GTA
            Patna High Court CWJC No. 18138 of 2025(2) dt.08-07-2026
                                                        2/2




                              registered under Reverse Charge Mechanism.
                              (iii) For quashing the order dated 27.03.2025 passed by the
                              Additional Commissioner of State Tax (Appeal) rejecting the
                              petitioner's appeal merely on the ground of delay without
                              condoning the same despite sufficient cause such as illness of
                              the proprietor.
                              (iv) For a direction upon the respondents to adjudicate the
                              petitioner's appeal on merits and not reject it merely on
                              limitation when sufficient cause existed.”

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

                      seeks liberty on behalf of the petitioner to challenge the order

                      dated     27.03.2025,        passed      by      the   learned   Additional

                      Commissioner (Appeal) State Tax, East Division, Patna by

                      approaching the learned Tribunal under Section 112 of the Bihar

                      Goods and Services Tax Act, 2017. Liberty so sought is granted.

                                  3.     Accordingly, the present writ petition stands

                      disposed of.


                                              (Mohit Kumar Shah, J)


                                                    (Raj Kumar, J)

kanchan/-

U


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