M/S. Vasistha Coats vs. The Additional Commissioner Appeals (State Tax)

WP/4993/2023HC Andhra PradeshGSTCNR APHC01009854202306 July 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR5 pages
AI SummaryDismissed

Held

The High Court dismissed the writ petition as withdrawn, granting the petitioner liberty to pursue the statutory remedy available under the GST Act, 2017. The Court allowed 8 weeks for the petitioner to approach the Tribunal under Section 112 and continued any interim directions for 12 weeks.

Facts

The petitioner challenged an appellate order, sought a declaration of eligibility for GST exemption under specific notifications, and contested a recovery notice issued under Section 79 of the CGST Act for a tax demand of over Rs. 1 crore.

Key Issues

The key legal issues were the legality of an appellate order, the petitioner's eligibility for a specific GST exemption under Notifications 11/2017-CT (Rate) and 1/2018-CT (Rate), and the validity of a recovery notice issued under Section 79 of the CGST Act.

Sections Cited

Section 79, Section 112

AI-generated summary — verify with the full judgment below

Date of reserved for orders : nil Date of pronouncement : 07.07.2026 Date of uploading : 15.07.2026 APHC010098542023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3543] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4993/2023 Between:

1.

M/S. VASISTHA COATS, A PARTNERSHIP FIRM, 2/32. GOTERU, IRAGAVARM, WEST GODAVARI, ANDHRA PRADESH, 534217 REP. BY MR.N.BANGAR RAJU, PARTNER

...PETITIONER AND 1. THE ADDITIONAL COMMISSIONER APPEALS STATE TAX, APPELLATE AUTHORITY, 40-5-19/9B, BACK OF NVKR TOWERS, MOGALRAJAPURAM, VIJAYAWADA - 520010 ANDHRA PRADESH

2.

THE ASSISTANT COMMISSIONER STATE TAX, TANUKU-II CIRCLE, ELURU DIVISION, ANDHRA PRADESH

3.

THE COMMISSIONER STATE TAX, NO.5-59, BANDAR ROAD, SPRING VALLEY APARTMENTS, RAJIV BHARGAV COLONY ROAD R.K. SPRING VALLEY APARTMENTS, VILLAGE, EDUPUGALLU, VIJAYAWADA, ANDHRA PRADESH - 521151

4.

STATE OF ANDHRA PRADESH, THROUGH SECRETARY TO GOVERNMENT, COMMERCIAL TAXES (FAC), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

5.

UNION OF INDIA, TH

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