M/S. Sujai Shipping And Logistics vs. Assistant Commissioner (State Tax)

WP/20709/2026HC Andhra PradeshGSTCNR APHC01037643202628 July 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR5 pages
AI SummaryRemanded

Held

The Court found the assessment order was passed within three months of the show-cause notice but noted the absence of clarity regarding three personal hearing opportunities. Consequently, the Court set aside the assessment order and remanded the matter for a fresh decision after providing due opportunity of hearing, subject to the petitioner depositing 10% of the disputed tax.

Facts

The petitioner challenged an assessment order for tax periods 2022-2023 & 2023-2024, alleging it exceeded the show-cause notice, was passed without the stipulated three-month gap, lacked personal hearing opportunities, and was defective without signature or DIN. The show-cause notice was dated 18.06.2025, and the assessment order 13.08.2025.

Key Issues

The key issues were the procedural validity of the assessment order, specifically concerning compliance with the time gap between show-cause notice and order, and the provision of personal hearing opportunities as per Section 73 of the GST Act.

Sections Cited

Section 73(2), Section 73(10)

AI-generated summary — verify with the full judgment below

APHC010376432026

IN THE H ( WEDNESD THE HONOURAB THE HONOUR WRIT Between:

1.

M/S. SUJAI SHIPPIN PARTNER, MR. M.K REGENCY, TPT COL ANDHRA PRADESH-5

1.

ASSISTANT COMM VISAKHAPATNAM-53

2.

DEPUTY ASSISTAN CIRCLE, VISAKHAPA

3.

STATE OF ANDHR SECRETARY TO GO SECRETARIAT, VEL 522020. 4. UNION OF INDIA, FINANCE, 3RD FLOO NEW DELHI-110 001. 5. BRANCH MANAGER, DWARAKANAGAR, V

1 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) DAY, THE 29th DAY OF JULY 2026 PRESENT BLE SRI JUSTICE NINALA JAYASURY RABLE SRI JUSTICE T.C.D.SEKHAR PETITION NO: 20709 of 2026 NG AND LOGISTICS, REP. BY ITS M KRUPA KISHORE, #50-103-4/7, UM ONY, SEETHAMMADHARA, VISAKHA 530 013. ...PE AND ISSIONER STATE TAX, DWARAK 30 016. NT COMMISSIONER (ST), DWARAK ATNAM-I DIVISION, VISAKHAPATNAM RA PRADESH, REP. BY ITS P VERNMENT, REVENUE (CT-II) DEPA LAGAPUDI, GUNTUR DISTRICT, AMA REP. BY ITS SECRETARY, MINIS OR, JEEVAN DEEP BUILDING, SANSA

, HDFC BANK, POTLURI CASTEL, 1S VISAKHAPATNAM-530 016. ...RESPON

[3543] YA ANAGING MA SIVAM APATNAM, TITIONER KANAGAR, KANAGAR -530 016. PRINCIPAL ARTMENT, ARAVATHI- STRY OF AD MARG, T FLOOR, NDENT(S):

2

Couns

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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.