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Patna High Court

M/s. Pawan Int. Udyog,versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The assessment order dated 25‑04‑2024 is quashed and the respondents are directed to undertake a fresh assessment in compliance with the Bihar GST Act, providing the petitioner an adequate hearing.

Summary

M/s Pawan International Udyog challenged a GST demand of Rs. 92,51,744 raised by the Joint Commissioner, State Tax, Bihar Sharif, on the ground that the Show Cause Notice (Form DRC‑01) was procedurally improper for a registered entity, as clarified in Radha Krishan Industries v. State of Himachal Pradesh. The petitioner sought quashing of the assessment order dated 25‑04‑2024, a stay of its operation, and a fresh, fair assessment complying with the Bihar GST Act and principles of natural justice. The Court, relying on the recent judgment in Rounak Int Udyog v. State of Bihar, observed that the assessing authority had failed to correlate coal consumption with brick production and had not afforded a proper hearing. Consequently, the Court quashed the impugned order, directed the respondents to conduct a fresh assessment within six months, and mandated adherence to statutory safeguards and opportunity of hearing. The petition was allowed, with a warning that non‑cooperation could lead to ex parte proceedings.

Issues considered

  • Whether a Show Cause Notice issued under Form DRC‑01 is valid for a registered taxpayer under the GST law.
  • Whether the assessment order dated 25‑04‑2024 violates procedural safeguards and the principles of natural justice.
  • Whether the impugned assessment order should be set aside and a fresh assessment ordered.
  • Whether the assessing authority must conduct the reassessment in accordance with the Bihar Goods and Services Tax Act, 2017.

Subjects

  • GST assessment
  • Show Cause Notice
  • natural justice
  • procedural fairness
  • quashing order
  • Bihar tax law
  • fresh assessment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7565 of 2025
                 ======================================================
                 M/s. Pawan Int. Udyog, through its Proprietor Krishnadeo Prasad Yadav,
                 Male, aged about 59 years, Son of Hari Yadav, Resident of Temple Kandopur,
                 Adampur, Nalanda, Bihar 803109.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Commissioner of State Taxes, Bihar, Office
                 of the Commissioner of State Taxes, 2nd Floor, Vikas Bhawan, Bailey Road,
                 Patna, Bihar.
           2.    The Joint Commissioner, State Taxes, Bihar Sharif, Office of the Joint
                 Commissioner, Circle Bihar Sharif, Commercial Taxes Building, Near Old
                 Bus Stand, Bihar Sharif, Nalanda, Bihar.
           3.    The Deputy Commissioner, State Taxes, Bihar Sharif, Office of the Deputy
                 Commissioner, Circle Bihar Sharif, Commercial Taxes Building, Near Old
                 Bus Stand, Bihar Sharif, Nalanda, Bihar.
           4.    The Assistant Commissioner, State Taxes, Bihar Sharif, Office of the
                 Assistant Commissioner, Circle Bihar Sharif, Commercial Taxes Building,
                 Near Old Bus Stand, Bihar Sharif, Nalanda, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Harsh Kaushal, Advocate
                                               Mr. Yashraj Bardhan, Advocate
                                               Ms. Annapurna Sinha, Advocate
                                               Mr. Amit Kumar, Advocate
                 For the Respondent/s   :      Ms. Roona, AC to GP-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   08-04-2026                     The present writ petition has been filed seeking the

                   following reliefs:-

                            “(i) For quashing and setting aside the impugned order
                            dated 25.04.2024, whereby a cumulative demand of
                            92,51,744/- was raised under Form DRC-07. The
                            impugned order is based on a procedurally improper
                            Show Cause Notice (SCN), issued under Form DRC-01,
                            which is intended solely for unregistered entities, as
Patna High Court CWJC No.7565 of 2025(3) dt.08-04-2026
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                  clarified in Radha Krishan Industries v. State of
                  Himachal Pradesh (2021), and is thus unsustainable in
                  law.
                          (ii) For directing the Respondents to ensure strict
                  adherence to statutory and procedural safeguards under
                  the GST Act, as well as compliance of principles of
                  Natural justice in any future proceedings against the
                  Petitioner, including issuing appropriate Show Cause
                  Notices, sharing material evidence relied upon, and
                  providing adequate opportunity for representation to
                  prevent arbitrary actions.
                          (iii) For directing the Respondents to review the
                  assessment proceedings and conduct a fresh and fair
                  assessment, if required, in compliance with the GST Act
                  and in adherence to principles of natural justice. The
                  Respondents must consider material evidence, review the
                  detailed submissions made by the Petitioner, and ensure
                  transparency and fairness in the process.
                          (iv) For granting of interim relief by staying the
                  effect and operation of the impugned order dated
                  25.04.2024 and direct the Respondents to refrain from
                  initiating any further coercive actions against the
                  Petitioner.”

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

          have relied upon a judgment dated 30.08.2025, passed in the

          case of Rounak Int Udyog vs. the State of Bihar (CWJC

          No.7580 of 2025), the operative portion whereof is reproduced

          hereinbelow:-

                        “2. Perusal of the records, it is evident that
                  Respondents before levying tax, interest, penalty insofar
                  as consumption of coal to produce bricks, no yardstick
                  has been taken note of to the extent what would be the
                  quantum of coal read with the production of bricks so as
                  to draw inference that petitioner had manipulated while
Patna High Court CWJC No.7565 of 2025(3) dt.08-04-2026
                                            3/4




                  generating Invoice read with e-Way bill. For example for
                  production of one ton of bricks, the quantity of coal
                  required typically ranges from 100 to 250 kilograms,
                  proportionately production of bricks and purchase of coal
                  are to be read with relevant papers. This exercise has not
                  been under taken by the Respondents. In the light of these
                  facts and circumstances, the petitioner has made out a
                  case so as to interfere with the impugned decision of the
                  Respondent. Accordingly, it is set aside.
                         3. Respondents are hereby directed to take out
                  fresh necessary steps strictly in accordance with the
                  technical issue and also providing ample opportunity of
                  hearing to the petitioner. The above exercise shall be
                  completed within a period of six months from the date of
                  receipt of this order. Petitioner shall cooperate with the
                  concerned official Respondents.”

                      3.      The learned counsel for the respondent-State

          submits that in view of the aforesaid judgment passed in the

          case of Rounka Int Udyog (supra), he has got no objection in

          case the matter is remanded back to the appropriate authority.

                      4.     Having regards to the facts and circumstances of

          the case, the impugned order dated 25.04.2024 passed by the Joint

          Commissioner, State Tax, Bihar Sharif Circle in Case No.13 of

          2024-25 is quashed. The respondents are hereby directed to

          undertake fresh steps strictly in accordance with the provisions

          contained under the Bihar Goods and Services Tax Act, 2017 and

          after providing an adequate opportunity of hearing to the

          petitioner, the final order shall be passed. Such exercise shall be

          completed within a period of six months from the date of
            Patna High Court CWJC No.7565 of 2025(3) dt.08-04-2026
                                                        4/4




                      receipt/production of a copy of this order.

                                  5.    It is needless to state that in case the petitioner

                      does not co-operate with the concerned officials, the

                      respondents shall be free to proceed ex parte.

                                  6. The writ petition stands allowed.



                                             (Mohit Kumar Shah, J)


                                               ( Arun Kumar Jha, J)
kanchan/-

U


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