M/S. Gayathri Seeds And Pesticides vs. Assistant Commissioner Of Central Tax

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WP/604/2026HC TelanganaGSTCNR HBHC01001081202609 January 2026Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN6 pages
For Petitioner: SRI K.P.AMARNATH REDDY, cotinset for the Respondent Nos.1 to 3 : sRt DoMlNlc FERNANDES (sENtoR, STANDTNG COUNSEL FOR CB!C), counset for the Respondent No.4 : SRI B.MUKHERJEE, ADVOCATE FoR, sRr N.BHUJANGA RAO, DEpUTy SOLICITOR GENERAL OF tNDtAFor Respondent: G.P FOR STATE TA)(
AI SummaryRemanded

Facts

M/s. Gayathri Seeds and Pesticides (Petitioner) filed a writ petition challenging a show cause notice and proceedings in Form GST DRC-01 dated 27.11.2024, along with an order dated 04.02.2025, issued by the Assistant Commissioner of Central Tax (1st Respondent) for the tax period April 2020 to March 2021. The Petitioner contended that these documents lacked signatures and were illegal, violating Rule 142(1A) of the CGST Rules. The Petitioner also challenged recovery proceedings initiated via a garnishee notice dated 17.10.2025. The Petitioner only became aware of the liability upon receiving the garnishee notice.

Held

The Court did not delve into the merits of the contentions raised by the parties. Instead, it granted the Petitioner liberty to prefer an appeal against the order-in-original within two weeks, subject to statutory pre-deposit. The Court directed the appellate authority to consider the appeal sympathetically, taking into account the Petitioner's pursuit of writ remedy. The Petitioner was also permitted to raise all available grounds in law and on facts before the appellate authority. Furthermore, the Court ordered that no coercive steps would be taken against the Petitioner pursuant to the impugned garnishee notice during the two-week period for filing the appeal. The writ petition was disposed of with these directions.

Key Issues

1. Whether the show cause notice dated 27.11.2024, proceedings in Form GST DRC-01 dated 27.11.2024, and order dated 04.02.2025 issued by the 1st Respondent are illegal and void for want of signatures and non-compliance with Rule 142(1A) of the CGST Rules, 2017 and Telangana GST Rules, 2017, as argued by the Petitioner. 2. Whether the recovery proceedings initiated vide notice in Form GST DRC-13 dated 17.10.2025 are illegal, as argued by the Petitioner. The Petitioner argued that the impugned notices and order were illegal due to lack of signatures and non-compliance with procedural requirements, specifically Rule 142(1A). The Revenue (Respondents 1 to 3) did not present specific arguments against these contentions in the judgment, but their counsel submitted that the Petitioner was at liberty to prefer an appeal against the order-in-original.

Sections Cited

Section 73, Rule 142(1A)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION NO: 604 OF 2026 Between: [ 3488 ] rep. by its Proprietor, Mr. Sanjay Kumar , Telangana-504 001. PETITIONER M/s. Gayathri Seeds and Pesticides, Choudary, 4151210, Gunj Road, Adilabad AND 1. Assistant Commissioner of Central Tax, Central Excise and Service Tax, Nizamabad Division, Medchal Commissionerate, Knar Estate, 3rd Floor, Nizamabad-s03 003. 2. Superintendent of Central Tax, Central Excise and Servic9 TaI,{O!lqlqO GST Range, H.No.6-10.86/8/1, 2nd Floor, Bhuktapur, Adilabad-sQ4 001. -3. Assistant Commissioner (in-situ), Office of the Commissioner of Central Tax (Audit - ll) Commissionerite, Door No.1-98/8/20,21, Sanvi Yamuna Pride, Krithika L'ayout, Madhapur, Hitech City, Hyderabad - 500 081. 4. Union of tndia, rep. by its Principal Secretary, Governmentof lndia lr/inistly 9f Finance, 3rd Floor, J6evan Deep Building, Sansad Marg, New Delhi-l 10 001. 5. State of Telangana, rep by its Principal Secretary to Government, Revenue (CT-l l) Department, Secretariat, Hyderabad. 6. The Manager, State Bank of lndia, Shivaji Chowk, Bank Road, Adilabad-504 .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia 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 or order or direction by setting aside the impugned show cause notice dated 27.11.2024 along with proceedings in Form GST DRC-01 vide Ref.No.ZD 3611240349479 : ii :i,i i.i i:i dated 27.11.2024 and order dated 4.2.2025 issued by the 1st Respondent for the tax period April,2O20 to March, 2021 without having any signatures as illegal and contrary to the provisions under the Central Goods and Service Tax Act, 2017 and the Telangana Goods and Services Tax Act, 201 7, and void in absence of non- compliance of Rule 142 (1A') of the Central Goods and Service Tax Rules, 2017 and Telangana Goods and Services Tax Rules, 2017. l.A.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 declare that the recovery proceedings initiated vide notice in Form GST DRC- 13 dated 17.10.2025, by the 1st Respondent to the 6th Respondent as illegal. l.A.NO:2 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 grant stay of all further proceedings pursuant to the impugned order dated 4.2.2O2s issued by the 1st Respondent for the tax period April, 2020 to March, 2021 under the Central Goods and Service Tax Act, 2017 and the Telangana Goods and Services Tax Act, 2017 pending disposal of the Writ Petition as othenvise the Petitioner will be put to severe loss and hardship. Counsel for the Petitioner : SRI K.P.AMARNATH REDDY cotinset for the Respondent Nos.1 to 3 : sRt DoMlNlc FERNANDES (sENtoR STANDTNG COUNSEL FOR CB!C) counset for the Respondent No.4 : SRI B.MUKHERJEE, ADVOCATE FoR sRr N.BHUJANGA RAO, DEpUTy SOLICITOR GENERAL OF tNDtA Counsel for the Respondent No.5 : G.P FOR STATE TA)( Counsel for the Respondent No.6 : - ' ,

The Court made the fotlowing ORDER !

..,7\ ii I IN THE HIGH COURT FOR STATE OF TELANGANA AT HYD THE HON'BLE TIIE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.604 of 2026 Dated: 09.01.2026 Between: Mis. Gayathri Seeds & Pesticides, R.p., by its Proprietor, Mr. Sanjay Kumar Choudary, 4151210, Gunj Road, Adilabad, Telangana. ...Petitioner And Assistant Commissioner of Central Tax, Central Excise & Service Tax, Nizamabad Division, Medchal Commissionerate, Knar Estate, 3'd Floor, Nizamabad and 5 others. ...Respondents ORDER: SriK.P. Amarnath Reddy, learned counsel for the petitioner. Sri Dominic Fernandes, leamed Senior Standing Counsel for Central Board of Indirect Taxes and Customs (CBIC) appears for respondent Nos.l to 3. Sri B. Mukherjee, learned counsel representing Sri N.Bhujanga Rao, learned Deputy solicitor General of India, appears for respondent No.4. /I

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2.

The writ petition has been preferred against the order-in-original dated 30.01.2025 along with summary of order in Form GST DRC-07 dated 04.02.2025 passed under Section 73 of the Central Goods and Services Tax Act, 2017, for the tax period 2020-2021 imposing the tax, penalty and interest.

3.

The petitioner has approached this Court alleging that it has come to know about the liability only upon the issuance of the garnishee notice in Form GST DRC-13 on 17.10.2025 for attachment of its bank account (Annexure P4).

4.

However, after some arguments, learned counsel for the petitioner seeks liberty to the petitioner to, prefer an appeal against the order-in-original. He submits that some delay might have been occurred in approaching the appellate authority and therefore, he may be directed to consider it sympathetically.

5.

Learned Senior Standing Counsel for CBIC submits that the petitioner was at liberty to prefer an appeal against the order-in-original and DRC-07 taking all the grounds as are available in law and,on facts before the appellate authority in respect of the subject tax period

6.

However, upon hearing the learned counsel for the parties, since the petitioner seeks liberty to prefer an appeal, we do not wish to comment on the merits of the contentions raised by the parties. ?i

3 r)

7.

If the petitioner prefers an appeal within a period of two weeks with statutory pre-deposit, the learned appellate authorify would consider it in accordance with law also keeping into consideration that it has been pursuing the writ remedy before this Court in the meantime as well. The petitioner will be at liberty to take all the grounds in law and on facts before the appellate authority. During the period of two weeks within which the petitioner has to file the appeal, no coercive steps be taken against the petitioner pursuant to the impugned garnishee notice.

8.

The writ petition is accordingly disposed of with the aforesaid liberty. However, there shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. .T.SRINIVASA REDDY ASSTSTANT REGISTRAR 6- SECTION OFFICER

1.

The Assistant Commissioner of Central Tax, Central Excise and Service Tax, Nizamabad Division, Medchal Commissionerate, Knar Estate, 3rd Floor, Nizamabad-s03 003. 2. The Superintendent of Central Tax, Central Excise and Service Tax, Adilabad GST Range, H.No.6-1 0-861811,2nd Floor, Bhuktapur, Adilabad-SO4 001. 3. The Assistant Commissioner (in-situ), Office of the Commissioner of Central Tax (Audit - ll) Commissionerate, Door No.1-98/8/20,21, Sanvi Yamuna Pride, Krithika Layout, Madhapur, Hitech City, Hyderabad - SO0 081. 4. The Principal Secretary, Union of lndia, Government of lndia, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi-l 10 001. 5. The Principal Secretary to Government, Revenue (CT-lt) Department, Secretariat, State of Telangana at Hyderabad.

6.

The Manager, State Bank of lndia, Shivaji Chowk, Bank Road, Adilabad-S04

309.7.

Two CC's to G.P FOR STATE TAX, High Court for the State of Telangana at Hyderabad. (OUT) 8. one CC to SRI N.BHUJANGA RAO, DEPUry SOLICITOR GENERAL OF lNDlA, Advocate (OPUC)

9.

One CC to SRI K.P.AMARNATH REDDY, Advocate tOpUCI

10.

One CC to SRI DOMINIC FERNANDES (SENIOR STANDING COUNSEL FOR CBIC) Advocate [OPUC] /// To . 1 1. Two CD Copies sA Nr PMK '::TM I

: ( lh ..4 HIGH COURT DATED:09/01 12026 ORDER WP.No.604 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. '.4 l.f, 2$28 * 03 ttB ,i\*

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.