M/S. Vijayawada Tiles And Sanitary vs. The State Of Andhra Pradesh

WP/1919/2026HC Andhra PradeshGSTCNR APHC01002813202620 July 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR3 pages
For Petitioner: M RAVINDRAFor Respondent: GP FOR COMMERCIAL TAX
AI SummaryAllowed

Held

The Court acknowledged that the assessment order was deemed withdrawn by the GST system (ASMT-13) and the demand in DRC-07 was also withdrawn after the petitioner filed delayed returns and paid late fees/interest. Consequently, no further action or recovery under the said assessment order should be resorted to.

Facts

The petitioner failed to file GST returns for May 2024, leading to an assessment order under Section 62 of the GST Act. Subsequently, the petitioner filed the delayed returns along with applicable interest and late fees.

Key Issues

Whether an assessment order passed under Section 62 for non-filing of returns is deemed withdrawn upon subsequent filing of delayed returns with applicable late fees and interest, and if written communication of such withdrawal is necessary.

Sections Cited

Section 62

AI-generated summary — verify with the full judgment below

APHC010028132026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3543] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1919/2026 Between:

1.

M/S. VIJAYAWADA TILES AND SANITARY,, GROUND FLOOR AND MEZZENINE FLOOR, 54-15-5, SRINIVASA NAGAR, BANK COLONY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH-520008. REPRESENTED BY ITS PROPRIETOR, MOHAMMAD USMAN, S/O. SULEAMAN, AGED ABOUT 41 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 DEPUTY ASSISTANT COMMISSIONERST, BHAVANIPURAM CIRCLE, NO I DIVISION, VIJAYAWADA.

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

1.

M RAVINDRA Counsel for the Respondent(S):

1.

GP FOR COMMERCIAL TAX THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR Writ Petition No:1919 of 2026 The Court made the following Order: (per Sri Justice Ninala

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.