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Bhagyoday Agro Industies-vs-Commissioner (Appeals) CGST & Central Excise and Ors.-2026-juristway.com-2926-HC(Bombay)-GST
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2026-juristway.com-2926-HC(Bombay)-GSTBhagyoday Agro Industies v Commissioner (Appeals) CGST
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TreatmentNot yet cited by a later judgment
2026-juristway.com-2926-HC(Bombay)-GST

Bhagyoday Agro Industies

versus

Commissioner (Appeals) CGST & Central Excise and Ors.

Court - Bench
In The High Court (HC) - Bombay
Date of Judgment
12 October 2026
Judges
Hon'ble Mr. Justice Sandesh D. Patil, Hon'ble Mr. Justice M. S. Karnik
Case Number
Writ Petition No. 9256 of 2026
Advocate (Petitioner)
Mr. Parth Parikh a/w Ms. Samikshya Chatur and Mr. Yash Prakash i/b Economic Laws Practice
Advocate (Respondent)
Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav and Mr. Umesh Gupta; Mr. A.R. Deolekar, A.G.P.
Quick ref
Takeaway

Appeal Dismissed Without Notice or Opportunity — Pre-Deposit During Investigation — Where the appellate authority dismissed the appeal without issuing any defect memo, notice or opportunity of hearing, and the appellant had already deposited Rs. 1.50 crore during investigation which exceeded the statutory pre-deposit requirement, the dismissal is set aside and the appeal restored for fresh hearing.

Digest & Analysis
Litigation Digest

In Bhagyoday Agro Industries v. Commissioner (Appeals) CGST & Central Excise, 2026-juristway.com-2926-HC(Bombay)-GST, the petitioner, a cotton trader, challenged the appellate authority’s order dismissing its appeal against a demand of Rs. 14,77,57,828/- for non-payment of GST under RCM on purchase of raw cotton from agriculturists. The court held that no defect memo, notice or opportunity was granted before dismissal, and that the amount of Rs. 1,50,00,000/- already deposited during investigation far exceeded the statutory pre-deposit. The dismissal was set aside with directions for fresh hearing, particularly on the pre-deposit issue.

Full Text
Judgment & Order
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