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Issue ID: 121150
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Remedy Against GST Adjudication Order After Expiry of Appeal Limitation Where Rectification Application Is Pending and SCN Contains Duplicate/Vague Demands

Date 30 Sep 2026
Replies 6 Replies
Views 585 Views
Pending GST rectification and duplicate show-cause demands may support writ review after statutory appeal limitation expires.
Where GST appeal limitation has expired, Article 226 writ jurisdiction is identified as a proposed remedy where audit submissions were allegedly disregarded and the show-cause notice contains vague or duplicate demands. Urgent disposal of a pending rectification application is emphasised, with duplicate demands characterised as arithmetical errors. The pendency of rectification is also treated as relevant to appeal limitation and recovery action, while timely appellate remedies may remain material to writ maintainability. (AI Summary)

Hi I have a situation that, the Company had undergone departmental audit for FY 2018-19 to FY 20-21. Wherein we made submissions to the query raised. However, the response was not accounted for and DRC-01 was issued in December 2023 and personal hearing was granted. The Company didnot respond to the SCN and personal hearing and then order was issued in April 2024. The Company filed rectification in July 2025 and the rectification application is still pending for order. The response was not made or not informed due to change in the consultant of the Company. The notice is completely vague as same issued are demanded twice or twice. What remedy do the Company have now.

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Replied on Sep 30, 2026
1.

Since a statutory appeal under Section 107 is now time-barred, your most viable remedy is to file a Writ Petition under Article 226 before the High Court to quash the order and obtain a de novo hearing on grounds of patent non-application of mind and duplicate demands.

Simultaneously, submit an urgent representation pressing for the disposal of the pending Section 161 rectification, specifically framing the duplicated demands as arithmetical errors to bypass the statutory six-month limitation bar.

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Replied on Oct 1, 2026
1.1.

Dear Sir,

I am highly thankful to you for your recognition of my views. Your recognition matters a lot to me.

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Replied on Sep 30, 2026
2.

Rectification period is to be excluded--------Allahabad High Court Order dated 3.2.2026 in the case of Vyas Traders reported as 2026 (2) TMI 386 - ALLAHABAD HIGH COURT

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Replied on Sep 30, 2026
2.1.

Dear Sirji

I welcome your supportive comments.

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Replied on Sep 30, 2026
3.

Recovery cannot be made if the party has opted for rectification---------Calcutta High Court in the case of Tirupati Traders reported as 2025 (12) TMI 1601 - CALCUTTA HIGH COURT

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Replied on Oct 2, 2026
4.

Completely agree with the views presented by Kasturi Sethi Sir. We have a similar case where have opted to file an Appeal to GSTAT within time against the order. Simultaneously we are working on the writ Petition. The Appeal was to keep the Department at bay (the Jurisdictional officer was very aggressive for recovery) and also to protect one self from Dismissal by HC stating that as the tribunal is in place one has to go through the given agency before approaching the HC.

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