Writ Petition against Assessment Order not maintainable when remedy of appeal not availed during the period of limitation

editor — Fri, 17 May 2024 05:11:59 +0000

Introduction

In a recent case before the Hon’ble Rajasthan High Court, a significant ruling was delivered regarding the maintainability of writ petitions against Assessment Orders when the remedy of appeal has not been availed within the period of limitation. The case of M/s. Thekedar Nand Lal Sharma v. State of Rajasthan and Ors. shed light on crucial aspects of tax law and judicial recourse.

Facts of the Case

M/s. Thekedar Nand Lal Sharma, herein referred to as “the Petitioner,” lodged a writ petition challenging the Show Cause Notice (SCN) issued by the Revenue Department on October 28, 2022, and the subsequent Order dated March 2, 2023, under Section 74 of the Central Goods and Services Tax Act, 2017 (CGST Act). Feeling aggrieved by these actions, the Petitioner sought recourse by filing a writ petition before the Hon’ble High Court.

Issue

The pivotal question before the court was whether a writ petition against an Assessment Order remains maintainable when the aggrieved party fails to avail the remedy of appeal within the stipulated period of limitation.

Held

In D.B. Civil Writ Petition No. 1437/2024, the Hon’ble Rajasthan High Court provided its ruling:

The court noted that the Petitioner refrained from filing an appeal and allowed the impugned Order to attain finality during the proceedings. Subsequently, the Petitioner approached the High Court by filing a writ petition against the tax, interest, and penalty imposed.
Furthermore, it was observed that the Petitioner consciously chose not to exercise the remedy of appeal as prescribed under Section 107 of the CGST Act. Instead, the Petitioner waited for the statutory period of limitation for filing an appeal to lapse.
Relying on a precedent set by the Hon'ble Supreme Court in the case of Assistant Commissioner (CT) LTU, Kakinada & Ors. vs. Glaxo Smith Kline Consumer Health Care Limited, the Rajasthan High Court concluded that a writ petition cannot be entertained to seek relief against an Assessment Order if the appeal remedy was not availed within the specified period. Therefore, the writ petition was deemed not maintainable.
Consequently, the court dismissed the writ petition.

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Writ Petition against Assessment Order not maintainable when remedy of appeal not availed during the period of limitation

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