Sai Power Constructions vs. The Deputy Assistant Commissioner(St)

WP/30189/2024HC Andhra PradeshGSTCNR APHC01057587202423 December 2024Bench: R RAGHUNANDAN RAO,MAHESWARA RAO KUNCHEAM7 pages
AI SummaryAllowed

Held

The Court held that the absence of the assessing officer's signature and the DIN number renders the assessment order invalid and non-est. The Court relied on previous judgments and a circular from the CBIC.

Facts

The petitioner received an assessment order under the GST Act for the financial year 2021-22. This order was challenged on grounds including the absence of the assessing officer's signature and a DIN number.

Key Issues

Whether an assessment order is valid without the signature of the assessing officer and a DIN number. The impact of such omissions on the validity of GST proceedings.

Sections Cited

Section 73, Section 160, Section 169

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30189 OF 9n9d Between: M/s. Sai Power Constructions, A partnership firm office at 9 57 N 31 Sideg M Complex, Vempalli, Pulivendula, YSR Kadapa, Andhra Pradesh - 516390 Represented by its Partner P Rajasekhar, S/o. P V Seshaiah Shetty Aged about 61 years, R/0. Hyderabad ...PETITIONER AND 1. The Deputy Assistant Commissioner (ST), Pulivendula Circle Kadapa Division, Andhra Pradesh.

2.

Assistant Commissioner (ST), Pulivendula Circle Andhra Pradesh. Kadapa Division, ...RESPONDENTS / Petition under Article 226 of the Constitution of India that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly the nature of a writ of mandamus declaring the Show Cause No. DRC-01 bearing Ref No. ZD3709230105020 dated consequent order under Section 73 dated 30-04-2024 bearing Reference No. ZD370424040422U passed by the Respondent No. year 2021-22 as bein

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