SREI EQUIPMENT FINANCE LIMITED vs OFFICE OF THE ASSISTANT COMMISSIONER CENTRAL GOODS AND SERVICES TAX AND CENTRAL EXCISE DIVISION & ANR.

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th February, 2026 + W.P.(C) 1988/2026 SREI EQUIPMENT FINANCE LIMITED THROUGH ITS AUTHORISED REPRESENTATIVE HAVING ITS OFFICE AT D2, FIFTH FLOOR, SOUTHERN PARK, SAKET, NEW DELHI-110017 .....PETITIONER Through: Mr. Anirban Bhattacharya, Ms. Priyanka Bhatt and Mr. Rajeev Chowdhary Versus 1. OFFICE OF THE ASSISTANT COMMISSIONER, CENTRAL GOODS & SERVICES TAX AND CENTRAL EXCISE DIVISION MALVIYA NAGAR, COMMISSIONERATE 2B, 4th FLOOR, EIL BUILDING, BHIKAJI CAMA PLACE, NEW DELHI-110066 .....RESPONDENT NO. 1 2. OFFICE OF THE PRINCIPAL COMMISSIONER CENTRAL GOODS AND SERVICE TAX CGST DELHI, SOUTH COMMISSIONERATE, PLOT NO. – 2B, 3rd FLOOR, EIL ANNEXE BUILDING, BHIKAJI CAMA PLACE, NEW DELHI-110066 .....RESPONDENT NO. 2 Through: Ms. Monica Benjamin SSC with Ms. Nancy Jain Advocate for respondents. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE AJAY DIGPAUL Signature Not Verified Signed By:ALKA BOBAL Signing Date:13.02.2026 W.P.(C) 1988/2026 Page 1 of 7 15:15:05 JUDGMENT (ORAL) NITIN WASUDEO SAMBRE, J. 1. Impugned in the present petition is the order dated 23th December, 2025 passed by the Assistant Commissioner, GST South Commissionerate, operative part of which reads thus:- “1. I hereby invoke the extended period of limitation so provided under proviso to Section 74(1) of the CGST Act, 2017 read with Section 20 of the IGST Act, 2017 for excess/wrongly availment of ITC. 2. I confirm the demand of ineligible ITC of Rs.67,50,000/- (IGST – Rs.67,50,000/-) (Rupees Sixty Seven Lakh Fifty Thousand only) under Section 74(1) of CGST Act, 2017 read with section 20 of the IGST Act, 2017 and corresponding provisions of SGST Act. Further, I ordered to appropriate Rs. 653400/- from the above demand as the taxpay