Phanitha Constructions vs. The Assistant Commissioner Of Central Tax

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WP/29339/2025HC TelanganaGSTCNR HBHC01057282202514 October 2025Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN6 pages
For Petitioner: SRI JAI KISHAN SOLANKI, counser ror the Respon'"'", i"';lj3ii ffi#, ffJf:, f, f^-"r, (Jenror Standing Counsel for CBIC)For Respondent: Ms.ANJALI AGARWAL
AI SummaryRemanded

Facts

The petitioner, Phanitha Constructions, filed a writ petition before the Telangana High Court challenging a Show Cause Notice (SCN) dated 30.01.2022, an impugned order dated 16.01.2025, and a recovery letter dated 08.08.2025. These were issued by the Assistant Commissioner of Central Tax, Medchal Division, and other revenue authorities. The petitioner sought to quash these documents or, in the alternative, a writ of mandamus directing the respondents to permit them to file a statutory appeal under Section 107 of the CGST/SGST Act, 2017, after condonation of delay. The petitioner also indicated having other grounds on merits to be raised. The revenue authorities did not oppose the petitioner's prayer to approach the appellate authority, but noted that the appeal might be delayed.

Held

The Court noted that the petitioner was inclined to avail the appeal remedy. It directed that if the petitioner prefers an appeal within a period of two weeks, along with the statutory deposit, the appellate authority would consider the same in accordance with the law. The Court disposed of the writ petition on this basis, without making any order as to costs. The specific grounds on merits that the petitioner wished to raise were not adjudicated upon by the High Court, as the matter was settled by allowing the petitioner to pursue the appellate remedy.

Key Issues

1. Whether the petitioner should be permitted to file a statutory appeal under Section 107 of the CGST/SGST Act, 2017, before the appellate authority, and if so, whether the delay in filing such appeal should be condoned. Petitioner's argument: The petitioner contended that they were pursuing the writ remedy and should be allowed to approach the appellate authority. They sought directions for the appellate authority to condone any delay in filing the appeal. Revenue's argument: The counsel for the revenue authorities did not oppose the petitioner's prayer to approach the appellate authority but submitted that the appeal might be delayed.

Sections Cited

Section 107

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I rrvr I vvv' (Special original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OC'TOBER TWO THOUSAND AND TWENTY FIVE [3488 l" ...PETITIONER THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH THE HONOURABLE SRiJi,STICE G'M' MOHIUDDIN PRESENT WRIT PETITION NO: 2933 oF 2025 I Phanitha constructons,.F"ol&lt';"":?IJ,i,li'"$S';"'.1rt:,^!')il#,[1lf;Biii:Ei?l No. 1 1 and 12lFlat No' i]Vo"Jrori' il.dcnai Markaisiri, Telangana- 5000e0 Between: AND 1 2 ..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 A.lssue a writ of Certiorari and/or any other appropriate writ(s) or directions in the nature thereof setting aside and quashing the SCN dated 30 01 .2022, lmpugned Order dated 16'01 2025 and recovery letter dated 08.08.2025 bearing DIN 20250856YP0000008EFB (or) B lssue a writ of mandamus directing the Respondents to permit the Petitioner to file a statutory appeal u/s 107 of the CGST/SGST Acl, 2017 after condonation of delay' if so determined by this Hon'ble Court C-lssue any other order or direction that this Hon'ble Court may deem fit to pass under the facts and circumstances of the present case. 3 4 The Assistant Commissioner of Central Tax' Medchal Division' tMedchal Commissionerate Telangana The Suoerintendent of Central Tax' Hydernagar Range' Medchal Division' rU"-O.nit Corn.nissionerate, Telangana The Commissioner, Central Tax Medchal Commissionerate' Telangana' The Union of lndia' Through Joint Secretary, Department of Revenue, tvlinistry " i'F r i'rlii", r.ri; rt-rr-e tock, N"ew Delhi- 1 1 000 1 IANo:20F 2025 IANo:10F 2025 Petition unde: Secti the aff davt r eo n supporl:ii::ffff'#jH:jfi;:ilj:[illIlj; the lmpugned Order date recovery not ce bea. ns Ji :::;, #.'r'r:il#J:;::T::1.)1, l. lli by the Respondent No.2 petition under Ser the arr dav t r ed n,, u;:o; :: ["r:ff:l".^'ji ;r,:::ffi]il::J:::, ;: dispense with the fir;ng of the certified copies of the SCN dated 31 .01 .2022, lmpugned Order dated 16.01 .2025 and Rec 2025856yp00000088F8 dated 08.08.2025 ,., o,u, Notice bearing DrN respectivery as they were downroaded from tr,e csl by the Respondents logging through the canceled GST rogin credentialsf Portal ie www.gst.gov.in by Counsel for the petitioner : SRI JAI KISHAN SOLANKI counser ror the Respon'"'" i"';lj3ii ffi#,ffJf:,f,f^-"r, (Jenror Standing Counsel for CBIC) Counsel for the Respondents No.4 : Ms.ANJALI AGARWAL

The Court made the following: ORDER

TIIE HON'BLE THE CHIEF JUSTICE SRI KTIMAR SINGH AND THE HON'BLE sRI JUSTICE G.M.MOHIUDDIN UIRIT PETITION No.29339 of 2025 ORDER: Heard Mr. Jai Kishan Solanki, learned counsel for the petitioner, Ms. pravalika, learned counsel representing Mr. Dominic Fernandes, learned Senior Standing Counsel for Central Board of Indirect Taxes and Customs (CBIC) appearing for respondent Nos.1 to 3 and Ms. Anjali Agarwal, learned counsel for respondent No.4. 2 The writ petition has been preferred with the following prayer "For the reasons stated in the accompanying Affidavit, the petitioner herein respectfully prays that this Hon,ble High Court mav be pleased to:- A. Issue a writ of Certiorari and/or aly other appropriate writ(s) or directions in the nature thereof setting aside and quashing the SCN dated 30.01.2022, Impugned order dated r6.o1.2o2s and recovery letter dated 08.08.2025 bearing DIN 2025O8S6ypO0O0OOBEFB (or) B. Issue a writ of ma,ndamus directing the Respondents to permit the Petitioner to file a statutory appeal u/s 107 of the CGST/SGST Act, 2077 alter condonation of delay, if so determined by this Hon,ble Court; i' I i

2 '} C. Issue any other order or direction that this Hon'ble Court may deem fit to pass under the facts and circumstalces of the present case and for this act of kindness, the petitioner as are duty bound shall ever pray."

3.

However, learned counsel for the petitioner submits that petitioner -has other grounds on merits also to be raised' Therefore, he may be allowed liberty to approach the appellate authority. Th.e appellate authority may be directed to condone the delay, if any, in approaching it as the petitioner was also pursuing the writ remedY.

4.

Learned counsel for respondent Nos. 1 to 3 does not oppose the prayer of the learned counsel for the petitioner to approach the appellate authority. However, she submits that the appeal may be delaYed.

5.

Be that as it may, since the petitioner is inclined to avail

the appeal remedy. If he prefers an appeal within a period of two weeks with statutory deposit, the appellate authority would consider the same, in accordance with law.

3 i

6.

The Writ Petition is, accordingiy, disposed of. However, there shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. .A.V.S.PRASAD E UTY REG IST //II s TION OFFICER I To, 1 2 Ilit:iq,.r", Commissioner of Centrat Tax, tVledchat uommtssionerate Telangana ion, Medchal 3 4 5 6 il,:?.t^T%'JH?s:il8?lt'filiX;HvdernasarRanse,MedcharDivision, The Commissioner, Central Tax l\,4edchal Commissionerate, Telangana. The Joint Secretary, Union Finance, Norih d.;;,k:Niil tsr"ifli_fl&?i,r_ment of Revenue, Ministry of One CC to SRt JAt KTSHAN SOLANKI, Advocate. tOpUCl 7 idt ta? to SRI DoMlNlc FERNANDES, (senior Standing counset for cBlc) One CC to tVs.ANJALt AGARWAL, Advocate. tOpUCl

8.

Two CD Copies BSK Y/ot,

/ HIGH COURT DATED:1 411012025 ;:1,; : 1. ";. ,,. .-,.), . ,} ,i:- :-._ 1 ti [tT 2t?5 \ ORDER WP.No.29339 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS /o /.s ,t/ /zo ,/,{

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.