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TMI Blog2025 (2) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... s exception to the summary of the order in Form GST DRC-07, dated 03.05.2024, and the Order-in Original (O.I.O.) dated 24.04.2024 (Ex.P.2). 4. Learned counsel for the petitioner raised three fold submissions. Firstly, it is submitted that GST DRC-07, dated 03.05.2024, is barred by time. The time was extended by Notification No.56 of 2023 upto 30.04.2024 and DRC-07 is passed thereafter. The second argument is that under the Goods and Services Tax Act, 2017 (for short "the GST Act"), there is no provision to pass the O.I.O. dated 24.04.2024. Thirdly, it is argued that DRC-07 dated 03.05.2024 does not have any physical or digital signature. 5. Learned Senior Standing Counsel for CBIC pointed out that the order dated 24.04.2024 does contain p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts Co. v. CCE, 2013 SCC OnLine Kar 10432 : (2013) 298 ELT 481] . The logic applied in these decisions proceeds on fallacious premise. For, these decisions are premised on the logic that provision such as Section 31 of the 2005 Act, cannot curtail the jurisdiction of the High Court under Articles 226 and 227 of the Constitution. This approach is faulty. It is not a matter of taking away the jurisdiction of the High Court. In a given case, the assessee may approach the High Court before the statutory period of appeal expires to challenge the assessment order by way of writ petition on the ground that the same is without jurisdiction or passed in excess of jurisdiction - by overstepping or crossing the limits of jurisdiction including in flag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e find substance in the argument of learned Senior Standing Counsel for CBIC that this petition is not liable to be entertained. Otherwise, it will be against the scheme and intention of the statutory provision. The O.I.O. dated 24.04.2024 contained physical signature and it is issued within the limitation period which was extended upto 30.04.2024. DRC-07 is only a 'summary of order' and even if it did not contain any signature, it will not cause any prejudice to the petitioner. 9. For these cumulative reasons, admission is declined. 10. Accordingly, the Writ Petition is dismissed. The petitioner can avail the remedy under the relevant statute, if law so permits. No costs. Interlocutory applications, if any pending, shall also stand clos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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