Dunna Venkaiah vs. The State Of Andhra Pradesh

WP/5243/2022HC Andhra PradeshGSTCNR APHC01008322202206 February 2024Bench: VENKATESWARLU NIMMAGADDA2 pages
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Held

The Court noted that the principal amount claimed by the petitioner had been paid. It also accepted the submission by the Government Pleader that any claim for interest on delayed payment could be pursued through separate legal proceedings. Therefore, the Court held that the Writ Petition had become infructuous. The petitioner was granted liberty to initiate fresh legal proceedings to claim any differential or withheld amount, including interest, in accordance with the law. No costs were awarded.

Facts

The petitioner filed a Writ Petition before the High Court challenging an action or order by the respondent authorities concerning GST dues. During the hearing, the learned Government Pleader for the respondents submitted that the total due amount claimed by the petitioner had been paid. However, the learned counsel for the petitioner contended that while the principal amount was paid, the interest claimed by the petitioner was not. The Court noted that the principal amount was paid as claimed by the petitioner and accepted the Government Pleader's contention that any further claim for interest for delayed payment could be pursued through separate legal proceedings.

Key Issues

1. Whether the respondents have paid the full amount claimed by the petitioner, including interest, in relation to the GST dues? Petitioner's contention: The respondents have paid the principal amount but have not paid the interest claimed by the petitioner. Revenue's contention: The respondent authorities have paid the total due amount claimed by the petitioner. Any further claim for interest for delayed payment can be agitated by way of initiation of separate/fresh legal proceedings.

AI-generated summary — verify with the full judgment below

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO.5243 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 infructuous, granting liberty to the petitioner to claim differential amount/withheld amount or intere

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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.