M/S Mahaboob Traders vs. Assistant Commissioner (State Tax)

WP/20381/2024HC Andhra PradeshGSTCNR APHC01037738202422 April 2025Bench: R RAGHUNANDAN RAO,B V L N CHAKRAVARTHI3 pages
For Petitioner: J.N VENKATA SURESH KUMARFor Respondent: SANTHI CHANDRA (Sr. Standing Counsel for CBIC), GP FOR COMMERCIAL TAX
AI SummaryRemanded

Held

The Court held that since the Electronic Credit Ledger of the petitioner has been unblocked due to the expiry of the one-year period stipulated under Section 83 of the APGST Act, nothing further survives in the writ petition. The Court reasoned that the primary issue that likely led to the filing of the writ petition, presumably related to the unblocking of the credit ledger, has been resolved. Therefore, the writ petition was closed. The Court also noted that it was open to the petitioner to approach the Court again if any future difficulty arose. No order as to costs was made.

Facts

The petitioner, M/s Mahaboob Traders, filed a writ petition before the Andhra Pradesh High Court challenging an action by the Assistant Commissioner State Tax and others. The specific order or action under challenge is not detailed, nor is the tax period or the amount in dispute. The procedural history indicates that the petitioner approached the High Court. The respondent's counsel submitted that the Electronic Credit Ledger of the petitioner has been unblocked because the one-year period stipulated under Section 83 of the APGST Act has expired.

Key Issues

1. Whether the writ petition survives for adjudication given that the Electronic Credit Ledger of the petitioner has been unblocked? Petitioner's Contention: The petitioner's counsel appeared before the court. No specific arguments were recorded for the petitioner regarding the survival of the petition. Respondent's Contention: The learned Standing Counsel for the respondents submitted that the Electronic Credit Ledger of the petitioner has been unblocked as the period of one year, stipulated under Section 83 of the APGST Act, has expired. This submission implies that the grievance leading to the writ petition has been resolved.

Sections Cited

Section 83

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 RRR,J & BVLNC,J W.P.No.20381/2024 APHC010377382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3535] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO THE HON’BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 20381/2024 Between: M/s Mahaboob Traders, ...PETITIONER AND Assistant Commissioner State Tax and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. J.N VENKATA SURESH KUMAR Counsel for the Respondent(S): 1. SANTHI CHANDRA (Sr. Standing Counsel for CBIC) 2. GP FOR COMMERCIAL TAX

The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri J.N. Venkata Suresh Kumar, learned counsel appearing for the petitioner and Smt. Santhi Chandra, learned Standing Counsel appearing for the respondents.

2 RRR,J & BVLNC,J W.P.No.20381/2024

2.

It is submitted by the learned Standing Counsel that the Electronic Credit Ledger of the petitioner has been unblocked, as the period of one year, stipulated under Section 83 of the APGST Act, is expired.

3.

In that view of the matter, nothing further surv

The judgment continues below.

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.