M/S Vinayaka Restaurant And Bar vs. The Assistant Commissioner (St)

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WP/1587/2026HC TelanganaGSTCNR HBHC01002678202621 January 2026Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN7 pages
For Petitioner: SRl. SRINARAYAN TOSHNIWALFor Respondent: SRI K. SAI AKARSH AGP REP, SRI SWAROOP OORILLA, SPECIAL GOVT PLEADER, FOR STATE TA)(
AI SummaryRemanded

Facts

The petitioner, M/s Vinayaka Restaurant and Bar, filed a writ petition challenging a show cause notice dated 15.11.2021 and an order dated 29.12.2023, both issued by the 1st Respondent, the Assistant Commissioner (ST), Warangal-Urban 3. These actions pertained to the tax period 2017-18. The petitioner also challenged a notice dated 15.11.2025, issued by the 2nd Respondent to the petitioner's bank, attaching its bank account. The petitioner claimed these notices and the order were issued without authority and were arbitrary. The petitioner became aware of the proceedings only when its bank account was frozen. The revenue contended that the writ petition was belated.

Held

The Court did not delve into the merits of the case. Instead, it granted the petitioner liberty to approach the appellate authority. The petitioner was directed to file a delay condonation application before the appellate authority within two weeks, along with the statutory pre-deposit. The Court further directed that the appellate authority should consider the question of delay sympathetically, provided the reasons explained in the application were satisfactory. If the delay was condoned, the appellate authority was to decide the case on its merits, allowing the petitioner to raise all grounds of law and fact. The Court noted that it was not inclined to enter into the merits of the issue as the petitioner was being allowed to approach the appellate authority.

Key Issues

1. Whether the show cause notice and the consequential order under Section 73 of the Goods and Services Tax Act, 2017, are liable to be quashed on the ground that they were not authenticated with a physical or digital signature as required by Rule 142 read with Rule 26(3) of the Central Goods and Services Tax Rules, 2017? Petitioner's contention: The petitioner argued that the show cause notice and the order were not properly authenticated, making them invalid. They became aware of these proceedings only upon the attachment of their bank account. Revenue's contention: The respondents argued that the writ petition was belated and should not be entertained, citing the principle laid down in Assistant Commissioner (CT) LTU, Kakinada, v. Glaxo Smith Kline Consumer Health Care Limited.

Sections Cited

Section 73, Rule 142, Rule 26(3)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
\ [ 3488 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION NO: 1587 OF 2026 Between: M/s Vinayaka Restaurant and Bar, R/o. 1-4-621'1, Somidi Road, Kazipet, Hanumakonda, Telangana, 506004. Represented by its Proprietor, Mr. Madhava Reddy Boddireddy, S/o Mr. Boddi Reddy. ...PETITIONER AND 1. The Assistant Commissioner (ST), Warangal-Urban 3 Warangal Division, H.No. 23-1-16311, 4th Floor, Behind Vishal Mart, Hunter Road, Hanamkonda, Hanamkonda District, Pin - 506001. 2. The Assistant Commissioner (ST), Warangal-Urban 2 Warangal Division, H.No, 23-1-16311, Behind Mshal Mart, Hunter Road, Hanamkonda, Hanamkonda District, Pin - 506001. 3. State of Telangana, Represented by its Principal Secretary to Government, Reven ue (CT- I I ) Department, Secretariat, Hyd erabad. 4. The Branch Manager, Kotak Mahindra Bank Limited, Kazipet Madikonda Branch, H. No. 24-7-2441611, Main Road, Near NlT, Ramakrishna Colony, Waddepalle, Kazipet, Warangal - 506001, Telangana ...RESPONDENTS 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 to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction. a) the Show cause notice, Summary of show cause notice in Form GST DRC-01, dated 15.11.2021, and undated Attachment to Form GST DRC-01, issued by the 1st Respondent, under the provisions of the Telangana Goods and Services Tax Act, 2017 , for the tax per/od 2017 - 18, as uploaded in the GST web portal, b) the order u/s 73 of the Goods and Services Tax Act, 2017, Summary of the Order in Form GST DRC-07, dated 29.12,2023, and Attachment to Form GST DRC-07, passed by the 1"t Respondent, under the provisions of the Telangana Goods and Services Tax Act, 2017, for the tax period 2017 - 18, as uploaded in the GST web portal, c) the Notice, vide GST DRC - 13, dated 15.11.2025, (not served on the Petitioner), issued by the 2nd Respondent to the 4th Respondent, attaching the bank account and of the Petitioner, are issued without any authority of law, and are arbitrary, apart from being violative of articles 14, 19(1Xg) and 265 of the Constitution of lndia, in the interests of justices lA 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 to stay all further proceedings, including any recovery, pursuant to the order u/s 73 of the Goods and Services Tax Act, 2017, Summary of the Order in Form GST DRC-07, dated 29.12.2023 and Attachment to Form GST DRC-07, passed by the 1st Respondent, under the provisions of the Telangana Goods and Services Tax Act, 2017, for the tax period 2017 - 18, as uploaded in the GST web portal, pending disposal of the above Writ Petition Counsel for the Petitioner: SRl. SRINARAYAN TOSHNIWAL Counsel for the Respondent Nos. 1to3: SRI K. SAI AKARSH AGP REP SRI SWAROOP OORILLA, SPECIAL GOVT PLEADER FOR STATE TA)( Counsel for the Respondent No.4: -- The Court made the following: ORDER ,_1-. n IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE THE CTTIEF JUSTICE SRI APARESH KTIMAR SM{GH AND THE HON'BLB SRI JUSTICE G.M.MOHruDDIN WRIT PETITION No.1587 of 2026 Dated:21.01.2026 Between: IWs. Vinayaka Restaurant & Bar ...Petitioner and The Assistant Commissioner (ST), Warangal-Urban 3, Warangal Division, H.No.23- l-16311,4'r' Floor, Behind Vishal Mart, [{unter Road, Hanamkonda, Hanamkonda District, Pin - 506 001, and 3 others. .Respondents

ORDER: Learned counsel Sri Srinarayan Toshniwal appears for the petitioner. I

2 sri K.Sai Akarsh, leamed Assistant Government pleader, representing Sri Swaroop Oorilla, learned Special Government pleader for State Tax, appears for respondents No.l to 3. 2. Petitioner has assailed the show cause notice dated 15.11.2021 along with attachment to the show cause notice in Form DRC-01 and the impugned order under Section 73 of the General Goods and Services Tax Act, 2017 (for short 'rhe Acr') dared 29.12.2023 along with attachment proceedings on the ground that the notice or the summary of the order were not authenticated with physical signature or digital signature as per Rule 142 read with 26(3) of the central Goods and Services Tax Rules,2017. The petitioner contends that it became aware of the impugned show cause notice and the consequential impugned order only when a lien had been placed on its bank account freezing it. The matter relates to the tax liability for the period 2017-2018. Therefore, the petitioner has filed the present writ petition challenging the impugned show cause notice and the impugned consequential order.

3.

Learned Assistant Government Pleader appearing for respondents No.l to 3 has, at the outset, opposed the prayer on the ground that the challenge to the impugned show cause notice and the consequential \ t

J n \ order is belated. He submits that the instant Writ Petition should not be entertained in view of the principles laid down in Assistant Commissioner (CT) LTU, Kakinada, v. Glaxo Smith Kline Consumer Health Care Limitedl.

4.

Learned counsel for the petitioner therefore seeks liberty to the petitioner to approach the appellate authority with a delay condonation applicafion. He submits that the appellate authority may be directed to consider the question of delay sympathetically in view of the reasons explained in the delay condonation application.

5.

Having regard to the f'acts and circumstances as noted above, this Court is not inclined to enter into the merits of the issue as the petitioner is being allowed liberty ro approach the appellate authority. The petitioner may approach the appellate authority within a period of two (2) weeks with a delay condonation application and statutory pre- deposit. [t is open for the petitioner to take all such grounds in law and on facts in the appeal. Needless to say, the appellate authority would consider the question of delay and if he is satisflred with the reasons explained in the delay condonation application, he shall decide the case on merits t III t] II It * * it i! !i 1: 'i li : i ' 1zozo1 19 scc 681 \ \

4 r f', ry

6.

The instant Writ Petition is disposed of accordingly. There shall be no order as to costs Miscellaneous applications, if any pending, shall stand closed. .M.OSMAN ALI BAIG REGISTRAR //II OFFICER To, PMK

1.

The Assistant Commissioner (ST), Warangal-Urban 3 Warangal Division, H.No. 23-1-16311, 4th Floor, Behind Vishal Mart, Hunter Road, Hanamkonda, Hanamkonda District, Pin - 506001. 2. The Assistant Commissioner (ST), Warangal-Urban 2 Warangal Division, H.No, 23-1-16311, Behind Vishal Mart, Hunter Road, Hanamkonda, Hanamkonda District, Pin - 506001. 3. The Principal Secretary to Government, Revenue (CT-ll) Department, Secretariat, Hyderabad.

4.

The Branch Manager, Kotak Mahindra Bank Limited, Kazipet Madikonda .Efa!qh, H Ng. 24-7-24416/1, Main Road, Near NlT, Ramakrishna Colony, Waddepalle, Kazipet, Warangal - 506001, Telangana

5.

One CC to SRl. SRINARAYAN TOSHNIWAL, Advocate IOPUC]

6.

Two CCs to SPECIAL GOVERNMENT PLEADER FOR STATE TAX, High Court for the State of Telangana, at Hyderabad [OUT]

7.

Two CD Copies BM

$ 4 HIGH COURT DATED:2110112026 *r lr" rr':"r .:. i'i,.:. u ,, i \ C) 1 0 rt8 20?6 C) * ORDER I WP.No.1587 ot 2A26 DISPOSING OF THE WRIT PETITION WITHOUT COSTS -LA t 0 \ * 7b

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.