M/S C Eswara Reddy And Co vs. Te Deputy Commissioner (State Tax)

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WP/16397/2024HC Andhra PradeshGSTCNR APHC01032347202412 November 2024Bench: R RAGHUNANDAN RAO,MAHESWARA RAO KUNCHEAM6 pages
For Petitioner: SRI. SHAIK JEELANI BASHAFor Respondent: GP FOR COMMERCIAL TAX
AI SummaryRemanded

Facts

The petitioner, M/s C Eswara Reddy And Co, filed a writ petition challenging an order dated 10.05.2024, passed by the 1st respondent, the Deputy Commissioner (State Tax). This order levied tax, interest, and penalty for the tax period 2019-20. The petitioner argued that the impugned order lacked the signature of the Assessing Officer and did not contain a Document Identification Number (DIN) or unique identification number. The petitioner also claimed that their objections, filed on 23.02.2024, were not considered, and they were not granted a sufficient opportunity of being heard. The petitioner sought to declare the order arbitrary, without jurisdiction, and against the principles of natural justice.

Held

The Court allowed the writ petition, setting aside the impugned order dated 10.05.2024. The Court noted the petitioner's contention that the order lacked the signature of the Assessing Officer and a DIN number. The learned Government Pleader for Commercial Tax conceded these points. The Court relied on its previous order in W.P.No.5238 of 2024, which held that the absence of the Assessing Officer's signature and a DIN number would render an order invalid. Consequently, the matter was remanded back to the Assessing Officer for fresh consideration. The Assessing Officer is directed to consider the objections raised by the petitioner, issue a fresh show-cause notice, and pass orders after granting the petitioner a personal hearing, in accordance with the law. No order as to costs was made.

Key Issues

1. Whether the absence of the Assessing Officer's signature on the order of assessment renders the order invalid, as per the High Court's previous ruling in W.P.No.5238 of 2024? 2. Whether the absence of a DIN number or unique identification number on the order of assessment renders the order invalid? 3. Whether the impugned order, passed without considering the petitioner's objections and without granting a sufficient opportunity of being heard, is liable to be set aside? Petitioner's Arguments: The petitioner contended that the impugned order dated 10.05.2024 was invalid due to the absence of the Assessing Officer's signature and a DIN number. They relied on the High Court's order in W.P.No.5238 of 2024, which held that such omissions would invalidate an assessment order. Furthermore, the petitioner argued that their objections were not considered and they were denied a proper hearing, violating principles of natural justice. Respondents' Arguments: The learned Government Pleader for Commercial Tax conceded that the assessment order did not contain any DIN number or unique identification number and also lacked the signature of the Assessing Officer.

Sections Cited

Section 73, Section 50(3), Section 73(9)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 16397 OF 2024 Between: M/s C Eswara Reddy AND CO, 105, 1 Sailock Apartment, Saptagirinagar, Jhoharapuram Road Kurnool. State of Andhra Pradesh. Rep. by its Partner Mr.Konudula Praveen Kumar Reddy ...PETITIONER AND 1. The Deputy Commissioner (STATE TAX), Special Circle, Office of the Joint Commissioner (ST), Kurnool. Kurnool District. 2. The State of Andhra Pradesh, Rep. its Principal Secretary, (Commercial Taxes Department), A.P. Secretariat, Velagapudi, Amaravati. Guntur District, Andhra Pradesh. 3. The Union of India, Rep. by its Secretary, Ministry of Finance, North Block, New Delhi - 110 001. 4. The Central Board of Indirect Taxes and Customs, Rep. by its Chairman, Ministry of Finance, Department of Revenue, North Block, Central Secretariat, New Delhi - 100 001. ...RESPONDENTS r"' HI Ss ■ '•U'. 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 Writ of Mandamus or any other appropriate Writ or Order or direction declaring the action of the 1st Respondent in passing the Order dated 10.05.2024 and Summary of the Order in Form GST DRC-07, dated 10.05.2024 along with Proceedings, dated 10.05.2024, levying tax under Section 73 of the IGST / CGST / SGST Act, 2017, Interest under Section 50(3) of the Act, Penalty under Section 73(9) of the IGST / CGST / SGST 2017 for the tax period 2019-20, without considering the detailed of the Petitioner, dated 25.01.2024 filed on 23.02.2024, without Act, objections signature of the 1st Respondent in the Order, dated 10.05.2024, Summary of the Order in Form GST DRC-07, dated 10.05.2024 and Show-Cause Notice in Form GST DRC-01 dated 04.03.2023 and without Document Identification Number (DIN) and without granting sufficient opportunity of being heard to the Petitioner, as arbitrary, contrary to law, without jurisdiction and against the Principles of Natural Justice and Rule of Law, the Article 14 and 21 of the Constitution of India, and contrary to consequently set aside the Order, dated 10.05.2024 and Summary of dated 10.05.2024 along with the Order in Form GST DRC-07 Proceedings, dated 10.05.2024 passed by the 1st Respondent as null and void. lA NO: 1 OF 2024 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 to suspend the operation of the Order dated 10.05.2024 along with Proceedings, dated 10.05.2024 passed by the 1® Respondent, for the tax period 2019-20 under the IGST / CGST / SGST Act 2017, pending disposal of the above Writ Petition, as otherwise, the Petitioner will be put to severe loss and hardship Counsel for the Petitioner(s): SRI. SHAIK JEELANI BASHA W Counsel for the Respondent Nos.1 & 2: GP FOR COMMERCIAL TAX Counsel for the Respondent No.3: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.4: SRI SHANTHI CHANDRA, SC FOR CUSTOMS

The Court made the following: ORDER

APHC010323472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3508] WEDNE AY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18397/2024 Between: M/s C Eswara Reddy And Co ...PETITIONER AND Te Deputy Commissioner State Tax and Others Counsel for the Petitioner: 1.SHAIK JEELANI BASHA Counsel for the Respondent(S): 1.GP FOR COMMERCIAL TAX The Court made the following order: (perHon’ble Sh Justice R. Raghunandan Rao) ...RESPONDENT(S) The petitioner had suffered an Order, dated 10.05.2024, in Form DRC-07, wherein, the 1®^ respondent had raised tax, interest and penalty amounts against the petitioner. ] C

2.

This Order has been assailed by the petitioner before this Court by way of the present Writ Petition.

3.

Apart from the merits of the case, the petitioner had contended that the Impugned Order does not contain the signature of the Assessing Officer and that it does not contain any DIN number or unique identification number.

4.

Sri Shaik Jeelani Basha, learned counsel for the petitioner would submit that this Court, by its Order, dated 09.03.2024, in W.P.No.5238 of . u. 2 ■ P had held that the absence of the signature of the Assessing Officer on the Order of Assessment and the absence of a DIN number or unique identification number would render the said Order invalid. 2024, Pleader for Commercial Tax, on Government Learned submits that the Assessment Order did not contain any DIN number or unique identification number and that the Order did not contain the 5. instructions. signature of the Assessing Officer. In the circumstances, this Writ Petition is disposed of setting aside the Impugned Order dated 10.05.2024 issued by the 1®‘ respondent and remanded back to the Assessing Officer, for appropriate 6. the matter is consideration of the objections raised by the petitioner, to the show-cause respondent, and for passing orders after giving a personal hearing to the petitioner, in accordance with law. There shall be no St notice issued by the 1 N.NAGAMMA ASSISTANT REGISTRAR order as to costs. //// S^CTl^ OFFICER To, • or rc^^tate Tax) Special Circle, Office of the (ST). Kurnool. kmS' Andhm Pradesh, of India, Ministry of Finance , North Block, New 3 The Secretary Union Delhi - 110 001. ,High Court Of Andhra Pradesh.

5.

OneCCto Sri. 6 Two CCS to [OUT] 7 OneCCto Sri [OPUC]

8.

One CC to 9. Three CD Copies GP For Commercial Tax Solicitor General of India Sri Shanthi Chandra, SC for Custonrs lOPUC] Pasala Ponna Rao, Deputy A T

iT' HIGH COURT 4 ’ DATED:13/11/2024 ORDER WP.No.16397of2024 DISPOSING OF THE WP WITHOUT COSTS

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.