Voith Turbo Private Limited vs. The Joint Commissioner Of Central Tax

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WP/25580/2025HC TelanganaGSTCNR HBHC01050540202501 September 2025Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN5 pages
For Petitioner: M/s.P.V.PRASAD ASSOCIATESFor Respondent: SRt B.MUKHERJEE
AI SummaryPartly Allowed

Facts

Voith Turbo Private Limited (the petitioner) filed a writ petition challenging an order-in-appeal dated February 29, 2024, passed by the Joint Commissioner of Central Tax (Appeals-II), the first respondent. The petitioner sought to declare the impugned order void, arbitrary, illegal, without jurisdiction, and violative of natural justice and constitutional provisions. The petition also sought a stay on the operation of the impugned order. The respondents included the Joint Commissioner of Central Tax (Appeals-II), the Assistant Commissioner of Central Tax, and the Union of India through the Ministry of Finance. The matter was heard by the High Court of Telangana at Hyderabad.

Held

The Court disposed of the writ petition based on a consensus reached between the parties. As agreed, the petitioner was directed to deposit 10% of the tax liability as assessed by the Assessing Officer with the Department within four weeks from the date of the order, if not already deposited. The petitioner was also directed to approach the Goods and Services Tax Appellate Tribunal (the Tribunal) within three months from its constitution/establishment. The Tribunal is to decide the second appeal in accordance with the law. Subject to the deposit of 10% of the tax liability within the stipulated time, no coercive action would be taken against the petitioner until the Tribunal's decision. The Court explicitly stated that it had not expressed any opinion on the merits of the case. There were no orders as to costs.

Key Issues

1. Whether the impugned order-in-appeal bearing OIA No. HYD-GST-SC-AP2-416-2023-24 dated February 29, 2024, passed by the Joint Commissioner of Central Tax (Appeals-II) is void, arbitrary, illegal, without jurisdiction, and violative of the principles of natural justice, Articles 14, 19(1)(g), and 265 of the Constitution of India? The petitioner argued that the impugned order suffered from illegality, arbitrariness, lack of jurisdiction, and violated principles of natural justice and constitutional rights. The petitioner sought to set aside the order. The respondents, represented by their respective counsel, did not present specific arguments against the petitioner's claims in the provided text. Instead, during the course of the hearing, the parties reached a consensus.

Sections Cited

CGST/TGST Act, 2017

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 3488 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST 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: 25580 OF 2025 Between: Voith Turbo Private Limited, 44-1-2412, Road No 7, PO lndustrial Estate Nacharam, Bg,:gg"{9.y, Telangana, 5000_76 Represented by its General Manager Finance, !!ri f9{Oi.Rajashekara Rao, S/o Reddi Venu Golala Naidu Aged abdut 47 years, .Blq 49-7-1814, F -102, Greenvaticaa Apartrirents, Revenue Ward - lZ, Vishakapatnam Andhra Pradesh - 530016 ...PETITIONER AND 1. The Joint Commissioner of Central tax, (Appeals-ll, 7th Floor, GST Bhavan, L.B Stadium, Basheerbagh, Hyderabad, Tel'ahgana-S0O 004. 2. The Assistant Commissioner of Central Tax, Amberpet Division, Secunderabad Commissionerate 3-4-11812, Elegant Edifice Building, Ramanthapur, Hyderabad-S00 01 3 3. The Assistant Commissioner Circle Vl, Audit-ll Commissionerate, Door No. 1- 981 8,20,21, Sanvi Yamunda Pride, Krithika Layout, Madhapur, Hyderabad- s00081 4. Union of lndia, Ministry of Finance, Represented by its Secretary ...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 writ order or direction declaring that impugned order in Ref No. order-in-Appeal bearing olA No. HYD-GST-SC- AP2-416-2023-24 dated 29-02-2024 passed by the Respondent No. 1 under the provisions of CGST/TGST Act, 2017 as being void, arbitrary, illegal, without jurisdiction, violative of the principles of natural justice apart from being violative I of Articles 14, 19(1Xg) and 265 of the Constitution of lndia, and to consequently set aside the same. lA NO: 1 OF 2025 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 operation of impugned Order ref No. Order-in-Appeal bearing OIA No. HYD-GST- SC-AP2-416-2023-24 dated 29-02-2024 passed by the Respondent No. 1 . Counsel for the Petitioner : M/s.P.V.PRASAD ASSOCIATES Counsel for the Respondent No.lto3 :SRl DOMINIC FERNANDES, Sr.SC FOR CBIC Counsel for the Respondent No.4 : SRt B.MUKHERJEE

The Court made the following: ORDER I I

Customs aPPearing through respondents No.1 to 3 and counsel for resPondent No'4' AND THE HON'BLE SRI JIISTICE G.M.MOHITIDDIN \lrrit Petition No.2558O of 2O25 ORDER: Heard Mr.P.V.Prasad, learned counsel for the petitioner, Mr.Dominic Fernandes' learned Senior Standing CounselfortheCentralBoardoflndirectTaxesand video conferencing for Mr.B.Mukherjee, learned

2.

During the course of hearing' learned counsel for the parties . reached to a consensus' It is agreed that this petition may be disposed of in terms of order passed in W.P.No.36OO of 2024 dated 22'02'2024'

3.

Accordingly, as agreed, the Writ Petition is disposed of by directing the petitioner to deposit lOolo of the tax liabiutyasassessedbytheAssessingofficerwiththe Department, if not already deposited' within four weeks from today. The petitioner shall approach the Goods and t I 7

) Services Tax Appellate Tribunal (for short, 'the Tribunal') within three months from the date of its constitution/ establishment. The Tribunal shall decide the second appeal in accordance with law. Further, subject to depositing LOo/o of the tax liability within aforesaid time, if not already deposited, no coercive action be taken against the petitioner till the decision of the Tribunal in the second appeal. It is made clear that this Court has not expressed any opinion on the merits of the case. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. .M.OSMAN ALI BAIG ISTANT //II SECTION OFFICER To,

1.

The Joint Commissioner of Central tax, L.B Stadium, Basheerbagh, Hyderabad , GST Bhavan, 2. 3. 4. 5. 6. 7. 8. PMK The Assistant commissioner of central rax, Amberpet Division, 9ecunderabad com missionerate 3-4-1 1gl2, Elegant eo irice auiio ing, Ramanthapur, Hyderdbad-S0O 01 3 The Assistant commissioner Circle Vl, Audit-ll commissionerate, Door No. 1- 9_84Bl-20,21, sanvi Yamuhda pride, Krithika Layout, Madhapur, rivoeiioao- 500081 ut The Secretary, U ni ofi 1$'ilnU*", trrt i n istry of Fi nance, one cc to M/s.p.V.effiao ASSoC|ATES, Advocate. [opUC] one cc to sRl DoMlNlc FERNANDES, Senior standing counsel for cBlc. loPUCl One CC to SRI B.MUKI-IERJEE, Advocate. [OpUC] Two CD Copies. ''} BSK (t

I I HIGH COURT DATED:0110912025 ORDER 6 .j zoDir M O ft 'i i-l l:. ,.,i. ( 1., ,ti: il,.;t l. + l, .y'' i:. a- WP.No.25580 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT CqSTS l.v c1--r 'i::::_: - _:.. _---- ..' I rf 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.