Sr Fertilizers And Pesticides vs. The Assistant Commissioner

UNION OF INDIA. REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI - 110001. REVENUE (CT) DEPARTMENT, VELAGAPUDI ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order or direction preferably a Writ in the nature of Writ of MANDAMUS declaring the action of the 1st Re^ondent in passing the impugned order dated 28-10-2024 passed under Section 74(11) of COST Act and SGST Acts 2017 without there being any DIN No. as illegal, arbitrary, unjust, improper, without authority of law and juri iction and contrary to section 74 without establishing the contrary to the principles natural justjce AND the provisions of the GST Act 2017 , violative of articles 14, 19(1 )(g), 21, 265 and 300-A of the Constitution of India and consequently to set aside the same and pass 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 Counsel for the Petitioner; 1.M V J K KUMAR Counsel for the Respondent(S): 1.GP FOR COMMERCIAL TAX The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner was served with an assessment order, in FORM GST DRC - 07, dated 28.10.2024, passed by the 1®* respondent, under the Goods and Services Tax Act, 2017 [for short “the GST Act”] for the tax period 2023-2024. This assessment order of the 1®* respondent has been challenged by the petitioner in this Writ Petition. mens rea This assessment order, in FORM GST DRC - 07, is challenged by the petitioner, on various grounds, including the ground that the said proceedings did not contain a DIN number.

Learned Government Pleader for Commercial Tax, instructions, submits that there is no DIN number on the impugned assessment order. on The question of the effect of non-inclusion of DIN number on 4. proceedings, under the G.S.T. Act, came to be considered by the Hon’ble Supreme Court in the case of Pradeep Goya! Vs. Union of India & Ors\ The Hon’ble Supreme Court, after noticing the provisions of the Act and the circular issued by the Central Board of Indirect Taxes and Customs (herein referred to as "C.B.I.C.”), had held that an order, which does not contain a DIN number would be non-est and invalid. 1 A Division Bench of this Court in the case of M/s. Cluster Enterprises Vs. The Deputy Assistant Commissioner (ST)-2, Kadapa on the basis of the circular, dated 23.12.2019, bearing No. 128/47/2019-GST, 5. issued by the C.B.I.C., had held that non-mention of a DIN number would Deputy Commissioner, Special Circle, Visakhapatnam^, had also held that non-mention of a DIN number would require the order to be set aside. In view of the aforesaid judgments and the circular issued by the 6. C.B.I.C., the non-mention of a DIN number in the order, which was uploaded in the portal, requires the impugned order to be set aside. Accordingly, this Writ Petition is disposed of, setting aside the 7. impugned proceedings, dated 28.10.2024, issued by the 1 respondent, with " 2022 (63) G.S.T.L. 286 (SC) ^ 2024 (88) G.S.T.L 179 (A.P.) ^ 2024 (88) G.S.T.L. 303 (A.P.)

Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh [OUT]

One CC to O/o. Additional Solicitor General of India, High Court of Andhra Pradesh. [OPUC]

Two CD Copies TF