Lingamaneni Veerabasavaiah vs. The State Of Andhra Pradesh

WP/8576/2022HC Andhra PradeshGSTCNR APHC01015626202215 February 2024Bench: VENKATESWARLU NIMMAGADDA3 pages
AI SummaryDismissed

Held

The Court noted that the principal amount claimed by the petitioner had been paid by the respondent authorities. Regarding the claim for interest, the Court found merit in the submission of the learned Government Pleader that such a claim could be pursued through separate legal proceedings. Therefore, the Court held that the writ petition had become infructuous. The Court granted liberty to the petitioner to initiate fresh/separate legal proceedings to claim any differential amount, withheld amount, or interest amount in accordance with the law. No costs were awarded.

Facts

The petitioner filed a writ petition before the High Court challenging an action by the respondent authorities. The respondent authorities, through the learned Government Pleader, submitted that they had paid the total due amount claimed by the petitioner. However, the petitioner's counsel contended that while the principal amount was paid, the interest claimed by the petitioner for delayed payment was not. The Court noted that the principal amount had been paid and that the petitioner's further claim for interest could be pursued through separate legal proceedings.

Key Issues

1. Whether the respondent authorities have paid the total due amount claimed by the petitioner, including interest, under the relevant provisions of the GST law? Petitioner's contention: The respondent authorities have paid the principal amount but have failed to pay the interest claimed by the petitioner for the delayed payment. Revenue/State's contention: The respondent authorities have paid the total due amount claimed by the petitioner. The Government Pleader also submitted that any further claim for interest can be agitated by way of separate legal proceedings.

AI-generated summary — verify with the full judgment below

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.8576 of 2022 ORDER:

1.

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

2.

When the matter is taken up for hearing, learned Government Pleader for Finance and Planning, on oral instructions submitted that respondent authorities paid the total due amount claimed by the petitioner.

3.

On the other hand, learned counsel for the petitioner submits that the respondents paid the principal amount, but not paid the interest as claimed by the petitioner.

4.

In view of the submissions made by the learned counsel for the petitioner and learned Government Pleader that the principal amount was already paid as claimed by the petitioner and also the contention of the learned Government Pleader that the further claim of interest for delayed payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.

5.

In view of the facts and circumstances and for the reasons stated above, the present Writ Petition is dismissed as infructuous, granting

liberty to the petitioner to claim differential amount/withheld amoun

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.