Smt. Berla Lalithamma vs. State Of Ap
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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.21381 OF 2022
ORDER:- (Per Hon’ble Sri Justice C.Praveen Kumar)
Heard Sri V. Eswaraiah Chowdary, learned counsel for the petitioner and Sri. S.A.V. Sai Kumar, learned Assistant Government Pleader for Commercial Tax. With their consent, the Writ Petition is being disposed of at the admission stage. The present Writ Petition came to be filed questioning the notice, dated 17.06.2022, issued by the 3rd respondent, seeking clarification on the petitioner’s online application, dated 19.05.2022, submitted for cancellation of her GST registration under Section 29 of the A.P. G.S.T Act, 2017, as illegal, improper and incorrect and violative of the provisions of the G.S.T Act. Sri. S.A.V. Sai Kumar, learned Assistant Government Pleader for Commercial Tax, would contend that a perusal of the impugned notice would indicate giving an opportunity to the petitioner for giving reply and that the petitioner can raise all objections in the explanation submitted or to be submitted by the petitioner. In reply, Sri V. Eswaraiah Chowdary, learned counsel for the petitioner, would contend that the petitioner has already submitted her reply, dated 29.06.2022, raising all the objections and as no order is passed till now, the present Writ Petition came to be filed. Having heard both sides, this Court is of the considered view that instead of going into the merits of the case, the present Writ
2 Petition can be disposed of by directing the respondent – authorities to consider the explanation, dated 29.06.2022, submitted by the petitioner to the impugned notice within a period of three weeks from today and pass orders in accordance with law, if no order is passed till now. If any order is passed pursuant to the reply submitted by the petitioner, a copy of the order shall be provided to the petitioner, enabling her to challenge the same. Further, the respondents are directed not to take any coercive steps against the petitioner for a period of three weeks from today in this regard. With the above direction, the Writ Petition is disposed of. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
______________________________ JUSTICE C.PRAVEEN KUMAR
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO
Date: 28.07.2022 AKN
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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.21381 OF 2022
Date: 28.07.2022
AKN
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.