Foreigners Act | Unauthorised Alteration Of Sworn Affidavit Renders It 'No Evidence', Aadhaar Card Not Proof Of Citizenship: Gauhati High Court Section 307 IPC | Act Of Leaving Spot, Procuring A Weapon And Returning Indicates Clear Intent To Commit Murder: Delhi High Court Manufactured Products Like Rice Bran Oil And De-Oiled Rice Bran Cannot Be Categorized As ‘Agricultural Produce’ Under The West Bengal Act Of 1972: Calcutta High Court Challenge To Initial Remand Order For Violation Of Article 22(1) Constitution Of India Not Maintainable After Cognizance Is Taken: Allahabad High Court Caste Validity | Scrutiny Committee Cannot Disregard Pre-Independence Record Alleging Interpolation Without Expert Opinion: Bombay High Court Waqf Board Cannot Include Property In Prohibited List Under Section 22-A Registration Act If Civil Court Has Already Declared It Is Not Waqf Property: Andhra Pradesh High Court Husband Bound To Explain Unnatural Death In Matrimonial Home; 'Soon Before' Requires Proximity, Not Immediate Demand: Allahabad High Court Housing Society Cannot Deny Membership To Occupier Of Sanctioned Basement Area While Admitting Occupiers Of Unauthorized Upper Floors: Bombay High Court Domestic Enquiry Findings Based On Preponderance Of Probabilities Cannot Be Interfered With Merely Due To Non-Examination Of Complainant Borrowers: Telangana High Court Section 37 NDPS Embargo Inapplicable If Entire Cannabis Plant Weighed Without Separating Flowering Tops: Rajasthan High Court Grants Bail SC/ST Act | Mere Knowledge Of Victim's Caste Identity Sufficient To Frame Charge Under Section 3(1)(w), No Need To Prove Act Was Committed 'Solely' Due To Caste: Delhi High Court Dying Declaration Cannot Form Sole Basis Of Conviction If Inconsistent With Medical Evidence & Surrounding Circumstances: Punjab & Haryana High Court Section 5 Limitation Act | Consumer Commission Cannot Mechanically Dismiss Appeal For Delay Without Evaluating Specific Institutional Explanation: Orissa High Court Medical Negligence | Failure To Investigate Known 'Red-Flag' Findings In Diagnostic Reports Constitutes Breach Of Duty Of Care: NCDRC Section 54 TP Act | Title By Delivery Of Possession For Property Cannot Be Denied Merely Because Sale Deed Is Unregistered: Madhya Pradesh High Court Luring Women Through 'Romance Fraud' To Extort Sexual Acts Is Rape By Deception: Madras High Court Upholds Life Conviction Of 'Suji @ Kasi' Kerala Service Rules | Liability Of Retired Employee Must Be Quantified And Intimated Within Three Years Of Retirement: High Court Criminal Prosecution Cannot Be Used As A Tool For Recovery Of Loan Where No Dishonest Intention Is Prima Facie Disclosed: Karnataka High Court Accused Cannot Take Advantage Of Prosecution's Laxity, Appellate Court Can Summon Doctor To Prove MLR: Punjab & Haryana High Court Limitation Act | Doctrine Of Merger Inapplicable To Arbitral Awards; 12-Year Execution Period Runs From Date Award Becomes Enforceable: Madhya Pradesh High Court

High Court Cannot Entertain Writ Petition Under Article 226 When Statutory Appellate Remedy Under Section 107 CGST Act Is Available: Gujarat High Court

05 October 2026 9:16 AM

By: sayum


"Mere dissatisfaction with the manner in which the adjudicating authority has dealt with the record cannot, by itself, furnish a ground to bypass the statutory remedy and invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution." Gujarat High Court held that a writ petition challenging an order passed under Section 130 of the CGST Act is not maintainable when an alternative and efficacious statutory remedy of appeal is available under Section 107 of the CGST Act.

A division bench of Justice A.S. Supehia and Justice Vaibhavi D. Nanavati observed that the court’s extraordinary jurisdiction under Article 226 cannot be invoked unless the case falls within the narrow exceptions of a violation of fundamental rights, principles of natural justice, jurisdictional error, or a challenge to the vires of the legislation.

Background of the Case

The petitioner, M/s Shreeji Steel, challenged a Show-Cause Notice (SCN) and the subsequent Order-in-Original issued under Section 130 of the CGST Act regarding the confiscation of goods and a conveyance. The tax authorities had initiated proceedings following the interception of a vehicle, alleging that the petitioner was dealing with bogus entities and had evaded tax. After a previous round of litigation where the matter was remanded for fresh consideration, the authorities again passed an order confirming the confiscation, which led the petitioner to file the present writ petition.

The court was primarily called upon to determine whether the writ petition was maintainable despite the existence of a statutory appellate remedy under Section 107 of the CGST Act. Additionally, the court examined whether the alleged non-supply of relied-upon documents (RUDs) and the purported violation of Rule 138B of the CGST Rules constituted sufficient grounds to bypass the appellate mechanism and invoke the writ jurisdiction of the High Court.

Scope of Article 226 vs Statutory Remedy

The court reiterated that the existence of an alternative remedy is not an absolute bar to maintainability, yet the court must be cautious in exercising its jurisdiction. Referencing the Supreme Court's decision in Assistant Commissioner of State Tax vs. M/s. Commercial Steel Ltd., the bench noted that a petitioner must establish exceptional circumstances, such as a breach of fundamental rights or a violation of the principles of natural justice, to warrant judicial interference in tax adjudication matters.

No Absolute Right to Bypass Appeal

The court emphasized that grievances concerning the adjudicatory process, such as the alleged non-supply of documents or dissatisfaction with the reasoning of an order, are matters strictly within the purview of the appellate authority. The court noted that these issues arise from the adjudicatory record itself and require a factual examination that is best suited for the appellate framework under Section 107 of the CGST Act.

"If, according to the petitioner, such consideration is erroneous or legally unsustainable the statute provides a specific and efficacious remedy by way of an appeal before the competent appellate authority."

Compliance with Principles of Natural Justice

Regarding the petitioner's claim that documents were not supplied, the court scrutinized the record and found that the requisite notices, verification reports, and documents regarding the cancellation of the supplier’s registration had been duly provided. The bench observed that since the petitioner was given an opportunity for a personal hearing and had filed a reply which was considered by the adjudicating authority, there was no merit in the contention that the principles of natural justice were violated.

Adherence to CGST Rules

The court also addressed the petitioner's argument regarding Rule 138B of the CGST Rules, which governs the verification of documents and conveyances. Finding no violation, the bench noted that the physical verification of the conveyance was conducted by a proper officer duly authorized by the Commissioner. The court concluded that the authorities had acted within the scope of their statutory powers under Section 130 of the CGST Act, and any dispute regarding the factual conclusions reached by the authority must be adjudicated by the appellate forum.

Concluding that none of the established exceptions for entertaining a writ petition were met, the High Court dismissed the petition. The court directed the petitioner to exhaust the statutory remedy of filing an appeal before the competent appellate authority, affirming that judicial restraint is essential when a robust administrative remedy is provided by the statute.

Date of Decision: 01 October 2026

 

 

Latest Legal News