BharatTaxGST

International Transformer vs. The Assistant Commissioner(State Tax)

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WP/6945/2025HC Andhra PradeshGSTCNR APHC01013318202525 March 2025Bench: R RAGHUNANDAN RAO,K MANMADHA RAO4 pages
For Petitioner: J.N VENKATA SURESH KUMARFor Respondent: GP FOR COMMERCIAL TAX

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Cause title — parties, addresses and appearances
APHC010133182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 6945/2025 Between: International Transformer ...PETITIONER AND The Assistant Commissionerstate Tax and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. J.N VENKATA SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 2. 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 20.04.2023, passed by the 1st respondent, under the Goods and Services Tax Act, 2017 [for short “the GST Act”] for the tax period 2019-2020 & 2020-2021. This order has been challenged by the petitioner in the present Writ Petition. 2 RRR,J & Dr.KMR,J W.P.No.6945 of 2025 2. This assessment order, in FORM GST DRC – 07, is challenged by the petitioner, on various grounds, including the ground that the said proceeding does not contain the signature of the assessing officer. 3. Learned Government Pleader for Commercial Tax, on instructions, submits that there is no signature of the assessing officer, on the

impugned assessment order.

4.

Sections-160 & 169 of the Central Goods and Service Tax Act, 2017, would not rectify such a defect. Following this Judgment, another Division Bench of this Court, in the case of M/s. SRK Enterprises Vs. Assistant Commissioner, in W.P.No.29397 of 2023, decided on 10.11.2023, had set aside the impugned assessment order.

5.

Another Division Bench of this Court by its Judgment, dated 19.03.2024, in the case of M/s. SRS Traders Vs The. Assistant Commissioner ST & ors, in W.P.No.5238 of 2024, following the aforesaid two Judgments, had held that the absence of the signature of the assessing officer, on the assessment order, would render the assessment order invalid and set aside the said order.

6.

Following the aforesaid Judgments, the impugned assessment order would have to be set aside on account of the absence of the signature of the assessing officer, on the impugned assessment order.

7.

Accordingly, this Writ Petition is disposed of, setting aside the impugned assessment order, in FORM GST DRC – 07, dated 20.04.2023, issued by the 1st respondent, with liberty to the 1st respondent to conduct fresh assessment, after giving notice and by assigning a signature to the said order. The period from the date of the impugned assessment order, till the date of receipt of this order shall be excluded for the purposes of limitation. There shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J

_______________________ Dr. K. MANMADHA RAO, J

Date:26.03.2025 KPV THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

AND THE HON’BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No:6945 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao)

26.03.

2025

KPV

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.