M/S. R.P. Engineering Works vs. State Of Andhra Pradesh

WP/2265/2026HC Andhra PradeshGSTCNR APHC01003774202622 July 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR6 pages
For Petitioner: M V J K KUMARFor Respondent: GP FOR COMMERCIAL TAX
AI SummaryRemanded

Held

The Court set aside the assessment order, acknowledging the petitioner's illness and the need for adequate opportunity. It remanded the matter back to the 1st respondent, directing the petitioner to deposit 20% of the disputed tax and the 2nd respondent to furnish all relevant information, including the data collected from the Chief Commissioner GST Monitoring Committee.

Facts

M/s. R.p. Engineering Works, a GST composition dealer, challenged an assessment order raising a demand of Rs.48,84,730/-. The petitioner contended that the underlying data from the GST Monitoring Committee, which formed the basis of the show cause notice, was not provided, and the deponent's illness prevented appearance for personal hearings and filing an appeal.

Key Issues

Whether an assessment order passed without providing the underlying data to the assessee for responding to a show cause notice is valid, and if an assessee should be granted a further opportunity to present their case due to illness despite procedural non-compliance.

Sections Cited

Section 10

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
APHC010037742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3543] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 2265/2026 Between: M/s. R.p. Engineering Works ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M V J K KUMAR Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 2 NJS,J & TCDS,J W.P.No.2265 of 2026

The Court made the following order: (per The Hon’ble Sri Justice T.C.D.Sekhar)

The petitioner is a registered dealer under GST Act from 26.10.2017, having opted for payment of tax at composition rate in terms of Section 10 of CGST Act.

2.

Aggrieved by order of assessment dated 17.12.2024, the present writ petition is filed on various grounds. The counsel for the petitioner, Sri Dr.M.V.K.Murthy, learned Senior Counsel appearing for the petitioner, inter-alia contends that based on the data received from the Chief Commissioner GST Monitoring Committee, a show cause notice dated 20.08.2024 was issued to the petitioner calling for o

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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.