M/S. Akshara Enterprises INDIA Private Limited vs. The Deputy Commissioner Of State Tax

WP/12223/2026HC Andhra PradeshGSTCNR APHC01022512202605 May 2026Bench: R RAGHUNANDAN RAO,T.C.D.SEKHAR6 pages
AI SummaryRemanded

Held

The Court, following previous judgments, held that the absence of the assessing officer's signature renders the assessment order invalid. It also noted that under Rule 26(3) of the CGST Rules, 2017, an unsigned order does not constitute valid service, thereby negating any delay in filing the petition. The impugned order was set aside.

Facts

The petitioner challenged a summary assessment order issued in FORM GST DRC-07 for the financial year 2022-23, raising demands for tax, interest, and penalty. The primary ground for challenge was the absence of the assessing officer's signature on the impugned order.

Key Issues

The key legal issue was the validity of a GST assessment order issued in FORM GST DRC-07 without the assessing officer's signature, and whether such an unsigned order constitutes valid service under the GST law.

Sections Cited

Section 50, Section 73, Section 160, Section 169, Rule 26(3)

AI-generated summary — verify with the full judgment below

APHC010225122026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12223/2026 Between:

1.

M/S. AKSHARA ENTERPRISES INDIA PRIVATE LIMITED ,, MANAGING DIRECTOR SREEDHAR RAO MUNNAMGI, DOOR NO.1- 33-58, BESIDE VENKATESWARA SWAMYTEMPLE STREET, NETAJI NAGAR, S.V.N. COLONY, GUNTUR. ANDHRA PRADESH. 522006. ...PETITIONER AND 1. THE DEPUTY COMMISSIONER OF STATE TAX, GUNTUR-1 DIVISION, ANDHRA PRADESH.-522004

2.

THE JOINT COMMISSIONER ST, GUNTUR-1 DIVISION, ANDHRA PRADESH.-522004

3.

THE ADDITIONAL COMMISSIONER ST LEGAL, VIJAYAWADA, ANDHRA PRADESH.520002

4.

STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (CT-II) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.- 522238

...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 RRR, J & TCDS, J W.P.No.12223 of 2026

pl

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.