FININ2MIN · JUDGMENT INTELLIGENCE
GST · F2J-C-2778

Pawan Kumar and Rakesh Kumar v. Additional Commissioner, Adjudication, CGST Delhi (North) & Anr.

VALIDATED FULL-TEXT JUDGMENT
Court
Delhi High Court - Orders
Bench
Anil Kshetrapal; Shail Jain
Case number
W.P.(C) Nos. 9356 and 9391 of 2026
Decision date
2026-08-20
Neutral citation
Not stated in retained copy
CNR
DLHC010296642026
Disposition
Disposed With Directions.
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Two-minute summary

The merits were left to the appellate authority. The petitioners may seek exclusion of the bona fide writ period under section 14, and the appellate authority must consider that request pragmatically and in accordance with law.

Material facts

Two company directors challenged a GST show-cause notice and order-in-original. The High Court declined to determine the disputed merits directly and addressed the availability of the statutory appeal and exclusion of time spent in the writ proceedings.

Issues

Court reasoning

9. Accordingly, in this regard, the Petitioner, if so advised, will be at liberty to file an appropriate application before the Appellate Authority, which will be considered pragmatically in accordance with law.

Ratio / controlling principle

The merits were left to the appellate authority. The petitioners may seek exclusion of the bona fide writ period under section 14, and the appellate authority must consider that request pragmatically and in accordance with law.

Operative order

10. In view of the aforesaid observations, both the Petitions, along with pending applications are disposed of.

Statutes and provisions

Scope limits

Completeness and review

Source text
Complete judgment text, validated against the public source
PDF status
Generated from validated complete text (not an official court PDF)
Text-to-PDF match
Passed
PDF pages
3
Source words
626
Later history
Not verified — check the official court record for later history before reliance (as of 20 Sep 2026)
PDF SHA-256
7f77068e61db08999db7114f8e24dd637f205850a458d8937f3e19388f3435fd
Read the complete searchable judgment text
                                  Pawan Kumar vs Additional Commissioner, ... on 20 August, 2026







Pawan Kumar vs Additional Commissioner, ... on 20 August,



2026



                                    $~92 & 93



                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI



                                    #         CNR No. DLHC010296642026



                                    +         W.P.(C) 9356/2026, CM APPL. 43733/2026 and CM APPL.



                                              43734/2026



                                              PAWAN KUMAR                               .....Petitioner



                                                              Through: Mr. Gaurav Gupta, Mr.



                                                                       Deepanshu Saini, Mr. Saurabh



                                                                       Dahiya, Advs.







                                                                                               versus







                                                   ADDITIONAL COMMISSIONER, ADJUDICATION, CGST



                                                   DELHI (NORTH) & ANR.                .....Respondents



                                                                 Through: Mr. Shubham Tyagi, SSC with



                                                                          Ms. Navruti Ojha , Adv.



                                    (93)



                                    #    CNR No. DLHC010296632026



                                    +         W.P.(C) 9391/2026, CM APPL. 43791/2026 and CM APPL.



                                              43792/2026



                                              RAKESH KUMAR                              .....Petitioner



                                                              Through: Mr. Gaurav Gupta, Mr.



                                                                       Deepanshu Saini, Mr. Saurabh



                                                                       Dahiya, Advs.







                                                                                               versus







                                                   ADDITIONAL COMMISSIONER, ADJUDICATION, CGST



                                                   DELHI (NORTH) & ANR.                .....Respondents



                                                                 Through: Mr. Shubham Tyagi, SSC with



                                                                          Ms. Navruti Ojha , Adv.







                                                   CORAM:



                                                   HON'BLE MR. JUSTICE ANIL KSHETARPAL



                                                   HON'BLE MS. JUSTICE SHAIL JAIN



                                                                                  ORDER











% 20.08.2026







1. The present Petitions shall stand disposed of by this common This is a digitally signed order.







The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the



QR code shown above. The Order is downloaded from the DHC Server on 20/08/2026 at 21:59:17



order.







2. Through the present Petitions, the Petitioners seek issuance of a writ in nature of certiorari for







Indian Kanoon - http://indiankanoon.org/doc/24160560/                                                     1



                                  Pawan Kumar vs Additional Commissioner, ... on 20 August, 2026







quashing the Show Cause Notice ('SCN') dated 26.09.2025 and Order-in-Original dated 10.03.2026.



Both the Petitioners are Directors of M/s Career Will Information Centre Private Limited (to be read



as subject Company).







3. Admittedly, the Petitioners have an efficacious statutory remedy of appeal under Section 107 of



the Central Goods and Services Tax Act, 2017 ('CGST Act') read with Rule 109(a) of the CGST Rules,



2017.







4. A perusal of the record reveals that a consolidated order has been passed against the subject



Company as well as both the Petitioners.







5. The Petitioners claim that notwithstanding the availability of the statutory remedy of appeal, the



present Petitions ought to be entertained inasmuch as the penalties under Section 122(1A) and



122(3)(a) of the CGST Act, have been imposed on them erroneously.







6. In our opinion, the aforesaid aspect can appropriately be examined by the Appellate Authority in



exercise of its appellate jurisdiction.







7. Keeping in view the aforesaid position, the Petitioners are relegated to the alternative statutory



remedy of appeal.







8. Section 14 of the Limitation Act, 1963, inter alia, provides for exclusion of time spent in bona fide



proceedings before a Court.







9. Accordingly, in this regard, the Petitioner, if so advised, will be at liberty to file an appropriate



application before the Appellate Authority, which will be considered pragmatically in accordance



with law.







This is a digitally signed order.







The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the



QR code shown above. The Order is downloaded from the DHC Server on 20/08/2026 at 21:59:17







10. In view of the aforesaid observations, both the Petitions, along with pending applications are



disposed of.







11. A photocopy of the order passed today be kept in the connected matter.







ANIL KSHETARPAL, J.







SHAIL JAIN, J.







AUGUST 20, 2026 jai/hr This is a digitally signed order.















Indian Kanoon - http://indiankanoon.org/doc/24160560/                                                  2



                                  Pawan Kumar vs Additional Commissioner, ... on 20 August, 2026







The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the



QR code shown above. The Order is downloaded from the DHC Server on 20/08/2026 at 21:59:17



















Indian Kanoon - http://indiankanoon.org/doc/24160560/                                              3



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