Dakarapu Premakumari vs. The State Of Andhra Pradesh

WP/2679/2026HC Andhra PradeshGSTCNR APHC01004300202631 August 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR5 pages
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Held

The High Court noted that the assessment order against the petitioner's husband, which was the basis for the attachment, had already been set aside in a separate writ petition. Consequently, the consequential attachment proceedings against the petitioner's property were also set aside.

Facts

The petitioner challenged a Form GSTDRC-16 notice for attachment and sale of her property under Section 79 of the AP GST Act. This notice was issued to recover tax dues based on an assessment order passed against her husband.

Key Issues

Whether an attachment notice issued under Section 79 of the AP GST Act, based on an assessment order against a third party (petitioner's husband), remains valid after the underlying assessment order has been quashed.

Sections Cited

Section 79

AI-generated summary — verify with the full judgment below

APHC010043002026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 2679 OF 2026 Between:

1.

DAKARAPU PREMAKUMARI, W/o. Dakarapu Anil Babu, aged about 37 Years R/o 6-83, Mandavalli, Mandavalli Mandal, Eluru Distrirct-521345. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, ,Commercial Taxes Department, , A.P. Secretariat, Velagapudi Guntur District-522237. 2. The Deputy Assistant Commissioner State Tax1, O/o Assi.Commissioner (State Tax), Gudivada Circle, Gudivada Krishna Dist-521301. 3. The Assistant Commissioner States Tax, Gudivada Circle Gudivada, Krishna Dist-521301. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ order or orders more particularly in the nature of the Writ of Mandamus declaring the impungned notice vide Form GSTDRC-16 Notice for attachment and sale of i

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.