Rahul Solanki, Director Srivenkateshwar Tradex Pvt. Ltd. vs. Commissioner, Central Tax Delhi West & Ors. and connected matters

Writ Petition (Civil) · 2026:DHC:7502-DBDecided 20 Aug 2026New Delhi Bench
W.P.(C) 2338/2025, W.P.(C) 2388/2025, W.P.(C) 7287/2026, W.P.(C) 7288/2026, W.P.(C) 7290/2026, W.P.(C) 7292/2026, W.P.(C) 8829/2026, W.P.(C) 8892/2026, W.P.(C) 8893/2026, W.P.(C) 9414/2026, W.P.(C) 9428/2026, W.P.(C) 9429/2026, W.P.(C) 9462/2026, W.P.(C) 9464/2026, W.P.(C) 9467/2026, W.P.(C) 9470/2026, W.P.(C) 9471/2026, W.P.(C) 9476/2026, W.P.(C) 9582/2026, W.P.(C) 9831/2026CNR: DLHC010089362025
Justice Anil Kshetarpal · Justice Shail Jain

Background

The petitioner, a company director, was issued a show-cause notice in July 2020 personally proposing a penalty against him under GST law for the period 2017-19, on the basis that he was involved in transactions leading to fraudulent Input Tax Credit claims. He argued the relevant penalty provision (Section 122(1) of the CGST Act) applies only to a registered "taxable person," not to an individual director acting in his personal capacity, and that the notice improperly combined two separate financial years into one proceeding.

Decision Breakdown

This petition was one of roughly 20 connected GST cases decided together in a single judgment. Rather than resolving the core legal question of whether a non-taxable individual can be penalised under Section 122(1), the Court noted that question was already pending before the Supreme Court in another case and left it open. It held the objection over which tax officer had authority to issue the notice was not a clear-cut jurisdictional defect justifying a bypass of the normal appeal process, and directed all the petitioners in the batch, including this one, to pursue their statutory appeal instead of the writ petition, while confirming, based on an earlier Delhi High Court ruling, that they would not have to pay the newer, higher pre-deposit amount introduced from October 2025, since their proceedings began before that change.

Lesson Learnt

When a legal question of general importance is already pending before the Supreme Court and a full statutory appeal process exists, the High Court will generally direct a taxpayer to use that appeal route rather than decide the technical question itself in a writ petition, though taxpayers retain the benefit of the older, more lenient pre-deposit rules if their case began before those rules changed.

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Decided 7 Oct 2026Read case
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M/S Kuku Overseas vs. Commissioner of Customs & Anr.

The Court found the petitioner's non-disclosure of the earlier adjudication order was material, since the core premise of the petition (indefinite non-finalisation) no longer held true once formal orders existed. It held the petitioner now had an effective alternate remedy, a statutory appeal under Section 128(1) of the Customs Act, to raise all its arguments, including about delay, and declined to keep the writ petition pending just because a related Supreme Court case on delay in adjudication was ongoing. The writ petition was dismissed as not maintainable in its present form, with liberty to appeal.

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The Court rejected the argument that limitation under Section 74(2) must be measured from the date on Form GST DRC-01, because DRC-01 is only a summary of the show cause notice. On Section 74(10), the Court held that the statute requires the order, not the DRC-07, to be issued within the prescribed period, and that DRC-07 is a summary uploaded later under Rule 142. Because the petitioner had a statutory alternative remedy of appeal under Section 107, and the questions raised needed factual findings, the Court declined to decide the merits in writ jurisdiction. The petitions were disposed of, with liberty to appeal under Section 107 and to raise all contentions there, including limitation and exclusion of the time spent in these proceedings.

Decided 5 Oct 2026Read case
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Decided 5 Oct 2026Read case
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The High Court dismissed the petition. It held that the Commissioner could validly invoke Section 54(11), because an anti-evasion investigation was already underway when the impugned order was passed and the Commissioner had formed an opinion of fraud or malfeasance based on contemporaneous material. The Court held that the power to withhold refund is distinct from the adjudication and appellate scheme under Sections 73, 74 and 107, and that the absence of a statutory appeal does not bar judicial review. However, an appeal had already been filed before the GST Appellate Tribunal (GSTAT), so the Court declined to decide disputed factual questions and left all issues open before the GSTAT.

Decided 1 Oct 2026Read case