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Manoj Kumar Prop M.K. Steel Traders-vs-Additional Commissioner, Central Goods and Services Tax & Anr.-2026-juristway.com-3165-HC(Delhi)-GST
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2026-juristway.com-3165-HC(Delhi)-GSTManoj Kumar Prop M.K. Steel Traders v Additional Commissioner
✓ Good LawOther2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3165-HC(Delhi)-GST

Manoj Kumar Prop M.K. Steel Traders

versus

Additional Commissioner, Central Goods and Services Tax & Anr.

Court - Bench
In The High Court (HC) - Delhi
Date of Judgment
28 October 2026
Judges
Hon'ble Mr. Justice Anil Kshetarpal, Hon'ble Mr. Justice Bharat Parashar
Case Number
W. P. (C) 50/2026, CM Appl. 128/2026 & CM Appl. 129/2026, W. P. (C) 2528/2026, CM Appl. 12259/2026 & CM Appl. 12260/2026
Advocate (Petitioner)
Mr. A.K. Babbar, Mr. B.K. Tripathi and Mr. Ankur Sethi - Advs.
Advocate (Respondent)
Mr. Akash Verma - SSC
Quick ref
Takeaway

Writ Jurisdiction — Section 74 Notice in a Fake ITC Network — The Delhi High Court declined to entertain writ petitions against Section 74 orders arising from an investigation into a network of firms passing ITC on invoices without supply, holding that a detailed common notice setting out the modus operandi and the noticee’s role is not rendered defective by being common, that G.R. Infra Projects does not by itself warrant bypassing the appeal, and that whether penalty could be imposed without being proposed in the notice is for the appellate authority.

Digest & Analysis
Litigation Digest

In Manoj Kumar v. Additional Commissioner, CGST, 2026-juristway.com-3165-HC(Delhi)-GST, where the petitioner, whose statement recorded on 19.05.2023 described him as distributing invoices unsupported by supplies against commission, challenged orders dated 04.02.2025 demanding Rs. 6,14,568 and Rs. 2,93,53,860 under Section 74, contending that the common notice dated 01.08.2024 lacked particulars, relying on G.R. Infra Projects, and that penalty had been imposed without being proposed (Paras 3-12), the court found that the notice, running to about 80 pages, set out the modus operandi and the roles of the noticees, and that being common to some 158 noticees did not make it deficient (Paras 16-18, 29-30). Holding that G.R. Infra Projects requires the factual basis for Section 74 to appear in the notice but that its application depends on the notice’s contents, and that the penalty objection could be examined on appeal, the court relegated the petitioner to the statutory remedy, expressing no view on merits, with any application under Section 14 of the Limitation Act to be considered by the appellate authority (Paras 19-36). 

✎ Editor's Note

The ruling marks the boundary of G.R. Infra Projects at the writ stage: where a Section 74 notice in a multi-party fake ITC case sets out the modus operandi and the noticee’s role at length, the High Court will not treat the Supreme Court’s requirement of foundational facts as a ground to bypass the appeal. The stronger point for the petitioner — penalty imposed though not proposed in the notice — was expressly preserved, and should be pleaded prominently in appeal, since Section 75(7) bars confirmation beyond the notice. Practitioners should treat the reference to Section 14 of the Limitation Act with caution. The court only directed that any such application be considered in accordance with law; whether exclusion under Section 14 is available against the limits in Section 107 has been contested. The safer course is to file the appeal immediately with a condonation application, rather than rely on exclusion of the writ period.

Disclaimer: This content reflects the editor's personal views and should not be treated as a legal opinion or professional advice.

Full Text
Judgment & Order
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