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Patna High Court

M/s Royal Bricks WorksversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to file an appeal under Section 107 of the Bihar GST Act and disposed of the writ petition.

Summary

Royal Bricks Works, a proprietorship firm, filed a writ petition challenging a show‑cause notice and a demand order issued by the Bihar State Tax authorities for GST liabilities for the period April 2018‑March 2019. The petitioner alleged that the notice and demand order were not digitally signed, violated Rule 26(3) of the CGST Rules and Instruction No‑04/2023, were issued without a personal hearing contrary to Section 75(4), were time‑barred under Sections 73(9) and 73(10), and that the extension of the limitation period by Notification No.56/2023 under Section 168A was unlawful. The court examined whether these procedural defects rendered the orders invalid. It held that the petitioner was entitled to seek liberty to file an appeal under Section 107 of the Bihar GST Act. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the show‑cause notice and demand order issued without a digital signature violate Rule 26(3) of the CGST Rules and the relevant GST instructions.
  • Whether the demand order was passed without a personal hearing in violation of Section 75(4) of the CGST/SGST Act.
  • Whether the demand order is time‑barred under Sections 73(9) and 73(10) of the CGST/SGST Act.
  • Whether Notification No.56/2023 extending the limitation period under Section 168A is valid without GST Council recommendation.
  • Whether the absence of a pre‑show‑cause notice under Form ASMT‑10 (Section 61) defeats the principles of natural justice.

Legislation cited

Subjects

  • GST
  • show cause notice
  • digital signature
  • natural justice
  • time bar
  • Section 73
  • Section 75
  • Section 107
  • Section 168A
  • procedural compliance
  • tax demand order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.19064 of 2025
                 ======================================================
                 M/s Royal Bricks Works a proprietorship firm having GSTIN-
                 10ABMPU7823L1Z8 and its office at Sikandara Road, Village- Mircha, P.S.-
                 Jamui, District- Jamui, Pin- 811307 through its Proprietor, Sri Raj Ujjwal Son
                 of Gender-Male, aged about 35 years, Sri Brij Nandan Yadav, Resident of
                 Village- Sheilhpura Inday, Post- Sheikhpura, P.S.- Sheikhpura, District-
                 Sheikhpura, Bihar.

                                                                              ... ... Petitioner/s

                                                    Versus

           1.    The Union of India through the Finance Secretary, Department of Revenue,
                 Govt. of India, New Delhi.
           2.    The Government of India, Ministry of Finance (Department of Revenue),
                 through the Director, CBIC, New Delhi.
           3.    The State of Bihar, through The Principal Secretary, State Tax, Bihar, Patna
                 having its office at Kar Bhawan, Beer Chand Patel Path, Patna.
           4.    The Principal Secretary cum Commissioner, Department of State Taxes,
                 Government of Bihar, Patna.
           5.    Deputy Commissioner of State Tax, Jamui Circle, Bhagalpur, Bihar, Patna.
           6.    Assistant Commissioner of State Tax, Jamui Circle, Bhagalpur, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Manish Kumar, Advocate
                 For the Respondent/s   :      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:-
Patna High Court CWJC No.19064 of 2025(2) dt.08-07-2026
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                       “1.i) For the show cause notice issued vide Process
                       No. NIL dated 02.12.2023 (as contained in
                       Annexure-P2) and the Demand order issued vide
                       Process No. NIL dated 29.04.2024 under Section
                       73(9) (as contained in Annexure-P-3) without being
                       digitally signed is in violation of Rule 26(3)
                       BGST/CGST Act and Rules 2017 and Summary of
                       Show        Cause       Notice     vide    Reference    No-
                       ZD1012230019062 dated 02.12.2023 issued without
                       being signed (as contained in Annexure-P-2A) is in
                       violation of Instruction No-04/2023 dated GST dated
                       23.11.2023 and Summary of order in Form DRC-07
                       vide      Reference       No-ZD1004240379996,          dated
                       29.04.2024 (as contained in Annexure-P-3A) in form
                       of DRC-07, issued without any signature is in
                       violation of Instruction No-04/2023 dated GST dated
                       23.11.2023 issued by the Respondent No-6 for the
                       period April 2018-March 2019, hence the same be
                       quashed.
                       ii) The Demand order issued vide Process No. NIL
                       dated 29.08.2024 u/s 73(9) BGST/CGST Act, 2017
                       (as contained in Annexure-P-3) and Summary of
                       demand           order         vide       Reference     No-
                       ZD10042403,79996 dated 29.04.2024 (as contained
                       in Annexure-P-3A) in form of DRC-07 passed by the
                       Respondent No-6 demanding tax, interest and
                       penalty amounting to Rs. 11,13,212.00 under the
                       BGST and Rs.11,13,212.00 under the CGST totaling
                       amount of Rs.22,26,424.00 under the CGST/BGST
                       Act-2017 for the period April 2018-March 2019,in
Patna High Court CWJC No.19064 of 2025(2) dt.08-07-2026
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                       the Form GST DRC-07 be quashed as the Demand
                       Order has been passed without providing "Personal
                       Hearing" in violation of section 75(4) BGST/CGST
                       Act, 2017 and that is evident from Annexure P-2B
                       and so it is violative of principle of natural justice.
                       iii) For issuing a writ of Certiorari or any other
                       appropriate writ quashing/setting aside the Demand
                       order issued vide Process No. NIL dated 29.04.2024
                       u/s 73(9) BGST/CGST Act, 2017 (as contained in
                       Annexure-P-3) and Summary of demand order vide
                       Reference No- ZD1004240379996 dated 29.04.2024
                       (as contained in Annexure-P-3A) in form of DRC-07
                       passed by the Respondent No-6 demanding tax,
                       interest and penalty as the Demand Order is time
                       barred in view of the provision of Section 73(9)
                       &(10) BGST/CGST Act, 2017.
                       iv) For issuing a writ of Certiorari or any other
                       appropriate        writ     quashing/setting   aside   the
                       Notification No.56/2023 СТ dated 28.12.2023
                       extending the time limit specified under Section
                       73(10) of the CGST/BGST Act, 2017 by virtue of the
                       powers under section 168A of the Act which is
                       unjustified as extension has to be for special
                       circumstances mentioned in the section itself and
                       there was no recommendation of GST Council which
                       was mandatory requirement for purpose of issuance
                       of said notification. Having twice extended the
                       period by virtue of notification No.13/2022 CT dated
                       05.07.2022 and notification No.09/2023 CT dated
                       31.03.2023, no subsequent extension could be made
         Patna High Court CWJC No.19064 of 2025(2) dt.08-07-2026
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                                by Respondent No-1 and 2 as there was no force
                                majeure condition in Dec-2023.
                                v) For issuing a writ of certiorari or any other
                                appropriate writ quashing/setting aside the show
                                cause notice (P-2 & P-2A) and Demand order (P-3
                                & P-3A) which were issued without issuance of pre-
                                show cause notice in the Form of ASMT-10 U/s 61 of
                                BGST/CGST Act 2017 which render the entire
                                proceedings of Respondent No-6 violative of
                                principles of natural justice and liable to be set
                                aside.”
                   2.      At the outset, the Ld. Counsel for the petitioner seeks

                   liberty on behalf of the petitioner to challenge the order dated

                   29.04.2024 passed by the Assistant Commissioner of State Tax,

                   Jamui Circle, Jamui, by filing appropriate appeal under Section

                   107 of the Bihar Goods and Services Tax Act, 2017. Liberty, so

                   sought, is granted.

                   3.      The writ petition stands disposed of.



                                          (Mohit Kumar Shah, J)


                                                 (Raj Kumar, J)
S.Sb/-

U


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