Shri Thandava Krishna Jasti vs. The Deputy Assistant Commissioner Of State Tax

WP/26721/2024HC Andhra PradeshGSTCNR APHC01051728202424 November 2024Bench: R RAGHUNANDAN RAO,HARINATH.N13 pages
AI SummaryRemanded

Held

The High Court held that the absence of signatures and DIN numbers renders assessment orders invalid. Consequently, the impugned assessment orders were set aside.

Facts

The petitioners challenged assessment orders issued under GST, alleging they were unsigned, lacked DIN numbers, and were passed without providing an opportunity to be heard. The respondents conceded that the orders lacked DIN numbers and signatures.

Key Issues

Whether assessment orders lacking signatures and DIN numbers are invalid. Whether principles of natural justice were violated by not providing an opportunity to be heard.

Sections Cited

Section 75(4)

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos: 26665, 26670, 26674, 26720 & 26721 of 2024 WRIT PETITION NO: 26665 OF 2024 Between: Shri Tandava Krishna Jasti, D.No.77-16/1/11, LBS Nagar Road, Lakshmi Nagar, Payakapuram,Azitsingh Nagar, Vijayawada, Krishna, Andhra Pradesh, 520015. ...Petitioner AND 1. The Deputy Assistant Commissioner of State Tax, Gandhinagar Circle Vijayawada-ll Division, D.No 74-2-20, KMR Sons Plaza, Yanamalakuduru Road, Krishna Nagar, Vijayawada, - 520007. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi. Union of India, Department of Revenue, Represented by its Secretary, (Revenue) North Block, New Delhi. 2. 3. ...Respondents 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 to issue a writ of mandamus or any other writ, direction or order quashing the proceedings of t

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