M/S. Sudhamayee Papers P LTD vs. Assistant Commissioner Of Central Tax

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WP/29109/2025HC TelanganaGSTCNR HBHC01057802202525 September 2025Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN6 pages
For Respondent: DY.SOL.GENERAL OF INDIA
AI SummaryRemanded

Facts

The Petitioner, M/s. Sudhamayee Papers P Ltd, filed a writ petition challenging an Order in Original dated 12-08-2024, passed by the Assistant Commissioner of Central Tax. This order imposed tax, interest, and penalty for the financial year 2019-20. The Petitioner contended that it could not participate in the proceedings due to a major fire accident on 18.06.2023, which destroyed its premises. Furthermore, the Petitioner claimed that no show cause notice was served, and no notice in ASMT-10 was issued for reconciliation of the mismatch between GSTR-3B and GSTR-2A before initiating proceedings. The Petitioner also raised the issue of lack of notice for personal hearings.

Held

The Court, without commenting on the merits of the case, granted liberty to the Petitioner to approach the appellate authority within two weeks, subject to statutory pre-deposit. The Court noted that the Petitioner was inclined to avail the appeal remedy. If the Petitioner files an appeal, the appellate authority is directed to consider the case in accordance with law. The writ petition was disposed of with these observations. The Court did not decide on the validity of the Order in Original or the Petitioner's claims regarding the fire accident and lack of notice.

Key Issues

1. Whether the Order in Original dated 12-08-2024, passed by the Assistant Commissioner of Central Tax, is arbitrary, illegal, unsustainable in law, violative of principles of natural justice, and Articles 14, 19(1)(g), and 265 of the Constitution of India, due to alleged lack of proper notice and the impact of a fire accident on the Petitioner's ability to participate in proceedings? Petitioner's Arguments: The Petitioner argued that it was unable to participate in the proceedings due to a major fire accident and that no show cause notice or notice in ASMT-10 was issued for reconciliation. The Petitioner also claimed a lack of notice for personal hearings, rendering the order illegal and violative of natural justice and constitutional provisions. Revenue's Arguments: The learned Senior Standing Counsel for CBIC submitted that the grounds alleging lack of service of notice of personal hearing or the fire accident incidents could be controverted only upon receipt of instructions. However, if the Petitioner intended to avail the appeal remedy, the Court could pass an appropriate order.

Sections Cited

Section 73, Section 50, Section 73(9)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 3488 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY. THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH AND THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION NO:29109 OF 2025 Betwee n M/s. Sudhamayee Papers P Ltd, Sagar Ring Road to Chintalkunta Road, L.B. Nagar, Hyderabad - 500074 represented by its Managing Director Sri lt/. Konda Reddy, S/o Sri M. Rami Reddy, aged about 52 years, R/o. Hyderabad. ...PETITIONER AND 1 Assistant Commrssioner of Central Tax, Nagole CGST Division, 1st Floor, Sai Balaji Arcade, 2-3-908, Plot No. 183 and 184, Sy. No. 92, Co-operative Bank Colony, Nagole Village, Uppal (Mandal), Ranga Reddy District. Hyderabad - 500068 Union of lndia, rep. by the Secretary, Ministry of Finance. 3rd Floor. Jeevan Deep Building. Sansad lVlarg, New Delhi-1 10001. ...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, order or direction, more particularty in the nature of a writ of mandamus declaring the lmpugned Order in Original No. 28I2024-GST- Adjn/AC dated 12-08-2024 bearing DIN No. 20240856YQ0000555F06 for the Financial Years 2019-20 passed by the -1st Respondent under Central Goods and Service Tax Act, 2017, lhe State Goods and Service Tax Act, 2017 and lntegrated Goods and Service Tax Act, 2017 uls.73 of the CGST Act read with Section 50 of the CGST/SGST Act, 2017 read with Section 73(9) of the CGST Act.2017 and, thereby issuing summary of Order in Form GST DRC - 07 dated 26-08-2024 as being arbitrary, illegal, unsustainable in law. violative of principles 2 3 of natural justice and vic,lative of Articles 14, 19(1)(g) and 265 of the Constitution of lndia and consequently set aside the same. lA NO: 1 OF 2025 Petition under Ser;tion 151 CPC praying that in the circumstances stated in the affidavit filed irr sLrpport of the petition, the High Court may br: pleased to stay all further proceedings including collection of taxes pursuant to the Original No. 2812024-GS1-AdjnlAC dated 12-08-2024 bearing DIN No. 20240856YQO000555F06 for the Financial Years 2O19-20 passed by the Respondent under the Central Goods and Service Tax Act, 2017, the State Goods and Service Tax Act, 2017 and lntegrated Goods and Service Tax Act, 2017. Counsel for the Petitiorer : Ms.K.PRABHABATI counser ror the Respondent No'1 , ,tS'"*!Ul".l'nT"1I35?>r cBrc) Counsel for the Respondent No.2 : DY.SOL.GENERAL OF INDIA

The Court made the following: ORDER a THE HON'BLD THD CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.291O9 of 2025 ORDER: Ms. K.Prabl-rabati, lcarned counsel for the petitioner. Mr. Dominic Fernandes, learned Senior Standing Counsel for Central Board of Indirect Taxes and Clrstoms (CBIC) appears lor respondent No. 1

2.

Petitioner has approached this Court againsf the Order in-Original dated 12.O8.2024 whereby tax, interest ard pena,lt1, has been imposed upon it for the linancial 1'ear 20l9-2O. Petitioner could not participate in the proceedings as there rl,ere major fire accident incidents on 18.O6.2023. No show cause notice is served to the petitioner. Petitioner has ancl inabiliq' to participate because of the major fire accident incidents in its premises. The impugned demand relates to mismatch betq'een GSTR-3B and GSTR-2A for reconciliation of which no such notice in ASMT 10 was issued upon scrutinli of its returns before initiation of proceedings. inter alia taken the plea o[ lack of notice for persona,l hearings

3' Learned counsel for the petitioner sr-tbmits that if petitioner is allou'erl lit,erty, it ma-v approach the ztppellate aurhoritv to r:dse a1l '.he grounds r>f larr' in fact availablc to it.

4.

Learne d Senior Standing Counsel fbr CBIC tl-rougl-r submits that the grounds on fact alleging lack of service of notice of personal hearing or major fire accident incidents havc been taken. r','h ich can be contror.erted onlv u pon receipt of instructions, horr..ever il the petitioner is inclint:d to avail the appeal remed-1 , this Court mav pass appropriatc: orcier as may be deemed fit.

5.

In the r,eculiar facts ar-rd circurflstances noted above, since the petitioner is incUned to approach the appellate lcrrum, this Court, u,it;rout commentinq on the mcrits cl the case of the parties, is inclined to grarit libert-v" to the petitiorrr:r to rppro".n the appellate authoritlr rvithin period of tu c, weeks u'ith statutory pre cleposit. [n case the pctitioner prelers such an appeal, the appellate autlrorit_\' u'ould corrsider the case, in accorcialce ririt.r lar,i .

6.

With these obscrvations, the instant Writ Petition is disposed r.rf. H<in'er-er. there shall be no order as t. costs

Miscellaneous applications pending, if any, shall stand To, closed . JAWAHAR REDD TANT RE R ,' ECTION OFFICER

1.

The Assistant Commissioner of Central Tax, Nagole C T Division, '1st Floor. Sai Balali Arcade, 2-3-908, Plot No. '183 and 184, Sy. No.

92.

Co-operative Bank Colony, Nagole Village, Uppal (lvlandal), Ranga Reddy District, Hyderabad - 500068

2.

The Secretary, t\Iinistry of Finance, Union of lndia, 3rd Floor, Jeevan Deep Building, Sansad lVlarg, New Delhi-1 10001. 3. One CC to Ms.K.PRABHABATI, Advocate. [OPUC]

4.

One CC to SRI DOMINIC FERNANDES, (Senior Standing Counsel for CBIC) loPUCl

5.

One CC to Deputy Solicitor General of lndia, High Court for the State of Telangana at Hyderabad [OPUC] Two CD Copies BSK BS 6 /w

HIGH COURT DATE D:25 lAgt2025 ORDER WP.No.29109 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS {{ o . '>i ,. J,.i -.:.-.. ( \i\ 3 1 0[T 2925 o gar416HIo :'l ">/ e" (H{*

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.