Supreme Court of India
Marginmart Infosystems (P.) Ltd. v. Assistant Commissioner CGST
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 26494 OF 2026
The ruling in brief
Where penalty proceedings for issuance of invoices without actual supply and wrongful ITC were initiated after an investigation found recipient non-existent, and statutory appeal under section 107 was available to challenge both jurisdiction and procedural grounds, writ petition under Article 226 was not entertained, and assessee was directed to pursue the appellate remedy, leaving all questions open for consideration by Appellate Authority; instant Court found no error in impugned order passed by High Court, SLP was to be disposed of
Provisions considered
Section 122, read with section 126, of Central Goods and Services Tax Act, 2017/Delhi Goods and Services Tax Act, 2017 - Article 226 of Constitution of India, 1950
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