Delhi HIgh Court

Delhi HC: Businessman's Missed GST Notice Leads to New Hearing

Updated
Feb 6, 2026 7:35 PM
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Quick Summary: Anil Kumar, owner of N.S. Super Mart in Delhi, challenged a large tax demand because he missed some notifications. The Delhi High Court agreed with him, allowing a new hearing.

The Case Begins: Anil Kumar vs. Sales Tax Officer

On January 21, 2026, the Delhi High Court decided on a case involving Anil Kumar, a businessman from Inderpuri, Delhi. Anil was up against the Sales Tax Officer from Zone 9, Delhi. He was contesting a tax bill for Rs. 10,91,910 issued on December 15, 2023.

The Show Cause Notice: What Went Wrong?

The notice accused Anil of claiming too much Input Tax Credit (ITC) because of mismatches in his GST returns and other issues. However, Anil argued that the notice was posted online in a way that he never saw it. This meant he couldn't respond or defend himself properly.

"The notice was uploaded on the 'Additional Notices and Orders' tab, which Anil wasn't aware of," explained his lawyer, Ms. Priyanka Rathi.

The Court's Stand: A Chance for Fair Hearing

Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul were in charge of the case. They agreed that Anil wasn't given a fair chance to respond since he didn't know about the notice. The court mentioned a similar case, Neelgiri Machinery vs. Commissioner Delhi GST, to support their decision.

The Outcome: A New Opportunity

The court canceled the original order from April 3, 2024, which was based on Anil not responding. Anil was given four weeks to reply to the notice, and a personal hearing was scheduled for February 23, 2026.

"We expect the Sales Tax Officer to make a well-thought-out decision after giving a personal hearing," the judges stated.

Summary of the Verdict

The court's decision allows Anil Kumar to present his case properly. It shows the importance of clear communication and fair hearings in legal matters. Anil now has a chance to resolve the tax issues with a fresh start.