M/S Abc Enterprises vs. The State Of Andhra Pradesh

WP/28853/2023HC Andhra PradeshGSTCNR APHC01055611202307 November 2023Bench: RAVI NATH TILHARI,A V RAVINDRA BABU9 pages
AI SummaryDismissed

Held

The Court held that the question of whether the petitioner was carrying on business at the registered address is a question of fact. Reappraising evidence to determine such facts is not appropriate in a writ petition.

Facts

The petitioner's GST registration was cancelled and their application for revocation was rejected. The authorities cited a field visit report indicating no business was running at the registered address, while the petitioner claimed to be conducting business there and had submitted a reply late.

Key Issues

Whether the High Court should entertain a writ petition to re-examine factual findings regarding business operations when a statutory appeal remedy is available.

Sections Cited

Article 226

AI-generated summary — verify with the full judgment below

THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

AND THE HON’BLE SRI JUSTICE A.V.RAVINDRA BABU

WRIT PETITION No.28853 OF 2023

ORDER:- (per Hon’ble Sri Justice Ravi Nath Tilhari)

Heard Sri G.V.Shivaji, learned counsel for the petitioner and learned Government Pleader for Commercial Taxes for the respondents and perused the record.

2.

This writ petition under Article 226 of Constitution of India has been filed for the following relief: “pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the 4threspondent in issuing impugned proceedings Ref No ZA3707230111770, dt:07.07.2023, cancelling petitioners GST registration No. 37A1AP15009B1ZW and further order issued by the 5th respondent rejecting application for revocation of cancellation vide impugned proceedings Ref.No. ZA3710230041449 dt:04.10.2023 by declaring them as illegal arbitrary and violative of Article 14 of the Constitution of India apart from contrary to the provisions of GST Act and Rules made there under and also in violation of principles of natural justice consequently set aside the same and pass” 3.

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.