July Court Room Series
GST COURT ROOM SERIES Interest and Penalty Cannot Travel Beyond the Show Cause Notice? Analysis of the Delhi High Court decision in Sh. Bhupender Kumar Proprietor of M/s Dabas Construction Co. vs. The Commissioner, GST, West Delhi & Another W.P.(C) 1184/2026 , HC-16-642, dt. 11.5.26 Facts The petitioner, a sole proprietor engaged in construction activities, was issued a Show Cause Notice (SCN) dated 29 December 2023 by the GST Department alleging wrongful availment of Input Tax Credit (ITC) relating to Financial Year 2018-19. According to the department, the ITC availed by the petitioner was inadmissible in view of Section 16(4) of the Central Goods and Services Tax Act, 2017, as the credit had been claimed beyond the prescribed time limit. The department further alleged that although the petitioner ultimately reversed the disputed ITC, such reversal was made only in December 2023, nearly four years after the relevant tax period. The petitioner challenged the proceedings p...