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Hubergroup India Private Limited-vs-Union of India & Ors.-2026-juristway.com-3120-HC(Gujarat)-GST
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2026-juristway.com-3120-HC(Gujarat)-GSTHubergroup India Private Limited v Union of India
✓ Good LawDismissed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3120-HC(Gujarat)-GST

Hubergroup India Private Limited

versus

Union of India & Ors.

Court - Bench
In The High Court (HC) - Gujarat
Date of Judgment
23 October 2026
Judges
Hon'ble Mr. Justice A.S. Supehia, Hon'ble Ms. Justice Vaibhavi D. Nanavati
Case Number
R/Special Civil Application No. 14772 of 2024
Advocate (Petitioner)
Mr. S S Iyer (6553)
Advocate (Respondent)
Mr Ankit Shah (6371); Mr. Archit P Jani (7304)
Quick ref
Takeaway

Audit — Section 65(4) — Commencement of audit — Explanation — 'Whichever is later' — Audit instituted at place of business on 19.06.2024, report on 02.08.2024 — Within three months — SCNs not quashed — Writ dismissed — Gujarat HC dismissed the writ petition challenging audit report and eight SCNs under Section 74 for FY 2017-18 to 2019-20, holding that the Explanation to Section 65(4) provides two alternative events for determining commencement of audit (documents made available or actual institution at place of business, whichever is later), that since the audit was actually instituted at the place of business on 19.06.2024 and the report was issued on 02.08.2024, the audit was completed within three months, and that the petitioner has the remedy of replying to the SCNs and filing appeal under Section 107.

Digest & Analysis
Litigation Digest

In Hubergroup India Private Limited v. Union of India & Ors., 2026-juristway.com-3120-HC(Gujarat)-GST, where the petitioner, a manufacturer of pigments and printing ink, challenged the audit report dated 02.08.2024 and eight SCNs under Section 74 contending the audit for FY 2017-18 to 2019-20 was time-barred as documents were furnished by 09.08.2022 and three ADT-01 notices were issued, the Court held that the Explanation to Section 65(4) determines commencement of audit as the later of documents being made available or actual institution at the place of business, that the audit was actually instituted at the place of business on 19.06.2024 and the report issued on 02.08.2024 was within three months, but observed that where documents remain outstanding the authorities must inform the registered person of missing documents within a reasonable time, and dismissed the petition with liberty to reply and appeal.

Full Text
Judgment & Order
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