A later date on Form GST DRC-01 does not, by itself, make a Section 74 show-cause notice time-barred if the substantive notice was issued within the statutory period, the Delhi High Court reportedly held. For the related objection to Form GST DRC-07, the reported analysis likewise focused on the date of the substantive adjudication order—not the later date of its electronic summary.
What the Delhi High Court reportedly decided
In M/S Aparna Collection v. Union of India & Ors., reported on October 5, 2026, the Delhi High Court distinguished the substantive documents in a Section 74 proceeding from the electronic summaries filed in Forms GST DRC-01 and DRC-07. The report says the date of the DRC-01 summary, standing alone, did not determine whether the show-cause notice was late; the relevant date was the date the substantive notice was issued. For the DRC-07 objection, the reported focus was the substantive adjudication order contemplated by Section 74(9).
This is a narrow procedural holding as reported. It does not establish that every later DRC-01 or DRC-07 date is harmless, or that the underlying tax demands were correct.
Why the two sets of dates mattered
The petitions concerned Section 74 proceedings over input tax credit allegedly claimed through invoices attributed to purportedly non-existent entities. LiveLawBiz reported two sets of dates:
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| Proceeding | Substantive document | Electronic summary | Reported limitation dispute |
|---|---|---|---|
| First show-cause notice | SCN dated July 11, 2024 | DRC-01 dated August 23, 2024 | The taxpayer argued that the summary date came after the asserted August 4, 2024 cutoff. |
| Second show-cause notice | SCN dated July 9, 2024 | DRC-01 dated August 28, 2024 | The taxpayer likewise relied on the summary date being after the asserted cutoff. |
| Adjudication orders | Orders dated January 27 and January 29, 2025 | One DRC-07 summary dated February 21, 2025 | The taxpayer asserted a February 4, 2025 cutoff for the Section 74(10) objection. |
According to the report, the court treated the substantive SCNs as the notices for the Section 74(2) timing question and the DRC-07 as a summary of the substantive order. The reported dates are not necessarily a complete account of both connected proceedings.
How the reported statutory distinction works
Section 74(2) and Form GST DRC-01
Section 74(2) concerns issuance of the notice under Section 74(1) within the prescribed time. Rule 142 provides for electronic service of a summary of that notice in Form GST DRC-01. The court reportedly viewed DRC-01 as consequential to the substantive show-cause notice, rather than as a substitute for it. The limitation question described in the report therefore turned on when the substantive SCN was issued, not merely when its electronic summary was dated.
Sections 74(9) and 74(10), and Form GST DRC-07
For the order-stage objection, the report says the court treated the limitation in Section 74(10) as attaching to the substantive adjudication order contemplated by Section 74(9). Form GST DRC-07 was described as the electronic summary of that order. On the reported dates, the substantive orders preceded the taxpayer’s asserted February 4, 2025 cutoff, although one summary carried a later date.
What this ruling does not decide
The reported judgment did not resolve the taxpayer’s substantive challenges to the allegations or findings. Whether Section 74’s ingredients were satisfied, whether the taxpayer knew of or colluded in supplier misconduct, and whether the input-tax-credit and penalty findings were sustainable were described as matters requiring examination of the record and evidence. The summary-date ruling should not be read as deciding those issues.
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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchThe available report names a Division Bench of Justices Anil Khetarpal and Bharat Parashar. It does not establish subsequent appellate treatment. The reported case number is truncated, so the case identifier and exact procedural history should not be inferred from the report alone.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to assess a similar GST limitation objection
For a dispute resembling the one reported, separate the substantive instrument from its electronic summary before assessing the dates:
- Identify the relevant substantive document: the Section 74(1) show-cause notice for the notice-stage objection, or the Section 74(9) adjudication order for the order-stage objection.
- Determine the applicable statutory subsection and deadline for that document, taking account of the law and facts that govern the particular proceeding.
- Establish the document’s actual date of issuance or passing, and separately record the date shown on DRC-01 or DRC-07.
- Check the underlying record and applicable service requirements. The reported decision addresses the significance of the summary date; it does not establish that other defects or factual disputes are immaterial.
LiveLawBiz’s account is a secondary report. It attributes to the Court the statements that DRC-01 is consequential to the substantive SCN and that Section 74(10) limitation attaches to the substantive order, with DRC-07 serving as its summary. Those formulations are reported transcriptions, not independently verified quotations from the signed order.
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