Vasudha Enviro Labs PVT LTD vs. The State Of Andhra Pradesh

WP/20756/2026HC Andhra PradeshGSTCNR APHC01037788202630 July 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR4 pages
For Petitioner: SINGAM SRINIVASA RAOFor Respondent: GP FOR COMMERCIAL TAX
AI SummaryAllowed

Held

The High Court held that as the petitioner filed the delayed returns and paid all necessary late fees, the assessment order passed under Section 62 is deemed to have been withdrawn as per Section 62(2) of the GST Act. Consequently, no recovery steps can be initiated.

Facts

Vasudha Enviro Labs Pvt Ltd failed to file GST returns for September 2025, leading to an assessment order under Section 62. The petitioner subsequently filed the delayed returns and paid all applicable late fees, but the respondent did not withdraw the assessment order.

Key Issues

Whether an assessment order passed under Section 62 is automatically deemed withdrawn when delayed returns are filed and all applicable late fees are paid, as per Section 62(2) of the GST Act.

Sections Cited

Section 62, Section 62(2)

AI-generated summary — verify with the full judgment below

APHC010377882026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3543] FRIDAY, THE 31st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20756/2026 Between:

1.

VASUDHA ENVIRO LABS PVT LTD, D.NO.2-170, FIRST FLOOR, VIDYA NAGAR COLONY,

SATRAMPADU, ELURU, WEST GODAVARI-534007. REPRESENTED BY ITS PROPRIETOR, GIRIDHAR KOLLI, S/O. MOHAN RAO, AGED ABOUT 54 YEARS.

...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (CT-II) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP.

2.

THE ASSISTANT COMMISSIONERST, ELURU II CIRCLE, ELURU.

...RESPONDENT(S): Counsel for the Petitioner:

1.

SINGAM SRINIVASA RAO Counsel for the Respondent(S):

1.

GP FOR COMMERCIAL TAX

NJS,J & TCDS,J W.P No.20756 of 2026 2

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR Writ Petition No:20756 of 2026 The Court made the following Order: (per Sri Justice Ninala Jayasurya)

Heard learned counsel for the petitioner. Also heard Mr. S.A.V.Sai Kumar, learned

The judgment continues below.

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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.