M/S. Edifice (Bharat) Private Limited vs. The Assistant Commissioner (St)

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WP/6708/2026HC Andhra PradeshGSTCNR APHC01011965202610 March 2026Bench: R RAGHUNANDAN RAO,T.C.D.SEKHAR5 pages
For Petitioner: G NARENDRA CHETTYFor Respondent: GP FOR COMMERCIAL TAX

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Cause title — parties, addresses and appearances
APHC010119652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6708/2026 Between: 1. M/S. EDIFICE (BHARAT) PRIVATE LIMITED,, 22/108, NAGALAKATTA STREET, JAMMALAMADUGU, YSR DISTRICT - 516434, ANDHRA PRADESH, REP. BY ITS DIRECTOR, D. SURESH BABU. ...PETITIONER AND 1. THE ASSISTANT COMMISSIONER ST, PRODDATUR- II CIRCLE, D. NO. 22/586, RAMESWARAM ROAD, VASANTHAPETA, PRODDATUR, KADAPA DISTRICT - 516164, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (CT) DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI - 110001. ...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 pleased topleased to issue an appropriate Writ, Order or Direction, more 2 RRR, J & TCDS, J W.P.No.6708 of 2026 particularly in the nature of MANDAMUS declaring that the impugned Assessment, Penalty and Interest Order, vide 'Summary of the Order' in Form GST DRC-07, bearing Reference No. ZD3712250342340, dated 26-12-2025, passed by the First Respondent u/S. 74 of the IGST, CGST and SGST Acts, 2017, for the F.Y. 2023-24 (up to February, 2024), which does not contain DIN, and does not contain either physical or digital signature, is invalid, non- est deemed to have never been issued, contrary to law, and illegal and even on merits not sustainable, and consequently set aside the same and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings, including collection of tax, interest and penalty pursuant to the impugned Assessment, Penalty and Interest Order vide “Summary of the Order” in Form GST DRC-07, bearing Reference No. ZD3712250342340, dated 26-12-2205, passed by the First Respondent for the F.Y. 2023-24 (up to February, 2024) passed by the First Respondent, u/S. 74(9) of the IGST, CGST & SGST Acts, 2017, for the F.Y. 2023-24 (up to February, 2024), and pass Counsel for the Petitioner: 1. G NARENDRA CHETTY Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 3 RRR, J & TCDS, J W.P.No.6708 of 2026

The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao)

Heard Sri G. Narendra Chetty, learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes, appearing for the respondents.

2.

The petitioner was served with an order of assessment, dated 26.12.2025, along with a summary of the said order. The petitioner has now moved this Court, assailing the said order on two grounds, namely – the order did not contain a Document Identification Number and the summary of the order does not contain either any physical or digital signature.

3.

A perusal of the documents would show the ground that there is no Document Identification Number on the order would not survive. However, the fact remains that the signature of the Assessing Officer is not available on the summary of the order.

4.

Consequently, the summary of the order is set aside, leaving it open to the respondents to take steps for issuing a fresh summary of the order, along with a proper signature affixed on the said order. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

________________________ R. RAGHUNANDAN RAO, J

________________ T.C.D. SEKHAR, J

Date: 11.03.2026 MJA THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO

AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR

WRIT PETITION No.: 6708 of 2026 (per Hon’ble Sri Justice R. Raghunandan Rao)

11.03.

2026

MJA

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.