Full Text
HIGH COURT OF DELHI
Date of Decision: 6th October, 2025
MS MARKEX BRANDING SOLUTIONS PVT LTD …..Petitioner
Through: Mr . Vijay Gupta, Mr. Rahul Gupta, Mr. Harpreet Singh and Ms. Kajol Soni, Advs.
Through: Mr. Sumit K. Batra, Adv. Ms. Babita Saini, Adv. for R-3/UOI.
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL. 62343/2025
2. Allowed subject to all just exceptions. Accordingly, the application is disposed of.
3. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, challenging the impugned order dated 25th April, 2024 passed by the office of Sales Tax Officer Class II/ AVATO, Delhi (hereinafter, ‘the impugned order’) for the Financial Year 2018-19. Vide the impugned order a demand to the tune of Rs. 41,21,366/- has been raised against the Petitioner.
4. The petition further challenges the vires of Notifications No. 56/2023- Central Tax dated 28th December, 2023 and Notification No. 56/2023 State Tax dated 11th July, 2024 (hereinafter, ‘impugned notifications’).
5. The challenge in the present petition is similar to a batch of petitions wherein, inter alia, the impugned notification was challenged. W.P.(C) NO. 16499/2023 titled DJST Traders Private Limited v. Union of India &Ors. was the lead matter in the said batch of petitions. On 22nd April 2025, the parties were heard at length qua the validity of the impugned notification and accordingly, the following order was passed:
of 2023 (Central Tax).
6. The Telangana High Court while not delving into the vires of the assailed notifications, made certain observations in respect of invalidity of Notification NO. 56 of 2023 (Central Tax). This judgment of the Telangana High Court is now presently under consideration by the Supreme Court in S.L.P No 4240/2025 titled M/s HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax &Ors. The Supreme Court vide order dated 21st February, 2025, passed the following order in the said case:
2025.”
7. In the meantime, the challenges were also pending before the Bombay High Court and the Punjab and Haryana High Court. In the Punjab and Haryana High Court vide order dated 12th March, 2025, all the writ petitions have been disposed of in terms of the interim orders passed therein. The operative portion of the said order reads as under:
8. The Court has heard ld. Counsels for the parties for a substantial period today. A perusal of the above would show that various High Courts have taken a view and the matter is squarely now pending before the Supreme Court.
9. Apart from the challenge to the notifications itself, various counsels submit that even if the same are upheld, they would still pray for relief for the parties as the Petitioners have been unable to file replies due to several reasons and were unable to avail of personal hearings in most cases. In effect therefore in most cases the adjudication orders are passed ex-parte. Huge demands have been raised and even penalties have been imposed.
10. Broadly, there are six categories of cases which are pending before this Court. While the issue concerning the validity of the impugned notifications is presently under consideration before the Supreme Court, this Court is of the prima facie view that, depending upon the categories of petitions, orders can be passed affording an opportunity to the Petitioners to place their stand before the adjudicating authority. In some cases, proceedings including appellate remedies may be permitted to be pursued by the Petitioners, without delving into the question of the validity of the said notifications at this stage.
11. The said categories and proposed reliefs have been broadly put to the parties today. They may seek instructions and revert by tomorrow i.e., 23rd April, 2025.”
6. The abovementioned writ petition and various other writ petitions have been disposed of by this Court on subsequent dates, either remanding the matters or relegating the parties to avail of their appellate remedies, depending upon the factual situation. All such orders are subject to further orders of the
7. As observed by this Court in the order dated 22nd April 2025 as well, since the challenge to the above mentioned notification is presently under consideration before the Supreme Court in S.L.P No 4240/2025 titled M/s HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax &Ors., the challenge made by the Petitioner to the impugned notification in the present proceedings shall also be subject to the outcome of the decision of the
8. However, in cases where the challenge is to the parallel State Notifications, the same have been retained for consideration by this Court. The lead matter in the said batch is W.P.(C) 9214/2024 titled Engineers India Limited v. Union of India & Ors.
9. However, on facts, it is submitted by ld. Counsel for the Petitioner that in the present case, the Show Cause Notice dated 9th December, 2023 (hereinafter ‘SCN’) was duly replied to by the Petitioner vide reply dated 9th January, 2024. Thereafter, a reminder dated 1st March, 2024 was uploaded on the GST portal. However, no personal hearing has been availed of by the Petitioner. Thus, it is the case of the Petitioner that the impugned order has been passed without hearing the Petitioner.
10. The Court has heard the parties and has perused the records. It is noticed that the impugned order arises from SCN dated 9th December, 2023. A reply is seen to have been filed by the Petitioner on 9th January, 2024. An opportunity of personal hearing was given, but the same was not availed of by the Petitioner. The impugned order has thereafter been passed on 25th April, 2024.
11. Under these circumstances, the Court is of the opinion that the impugned order in the present petition does not warrant interference of this Court under writ jurisdiction.
12. Accordingly, the present petition is disposed of with liberty granted to the Petitioner to file an appeal under Section 107 of the Central Goods and Service Tax Act, 2017, before the Appellate Authority by 30th November, 2025, along with the requisite pre-deposit.
13. The access to the portal shall be made available to the Petitioner within one week, to download any documents which he may require.
14. If the appeal is filed by 30th November, 2025, along with pre-deposit, it shall not be dismissed on the ground of limitation and shall be adjudicated on merits.
15. However, it is made clear that the issue in respect of the validity of the impugned notifications is left open. Any order passed by the Adjudicating Authority shall be subject to the outcome of the decision of the Supreme Court in S.L.P No 4240/2025 titled M/s HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax &Ors. and this Court in W.P.(C) 9214/2024 titled ‘Engineers India Limited v. Union of India & Ors’.
16. Accordingly, the present writ petition is disposed of in above terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE SHAIL JAIN JUDGE OCTOBER 6, 2025/kp/sm