M/S. Veera Venkata Satya Sai Cotton Traders vs. The Commercial Tax Officer
Held
The Court held that the issue in the present Writ Petition is squarely covered by the order of this Court in W.P.No.3298 of 2019, dated 13.08.2019. Following the reasoning and decision in the prior order, the Court disposed of the present Writ Petition. The operative directions were to the respondents to either open the portal to enable the petitioner to file Form GST TRAN-1 electronically again or, in the alternative, to accept the Form GST TRAN-1 presented manually on or before 30.04.2022. The Court further directed that thereafter, the petitioner's claim shall be processed in accordance with law. No order as to costs was made. No specific amount in dispute was recorded.
Facts
The petitioner filed a Writ Petition before the High Court challenging an unspecified order or action by the respondents. The petitioner's counsel informed the Court that the issue in the present Writ Petition is squarely covered by a previous order of the same High Court in W.P.No.3298 of 2019, dated 13.08.2019. A copy of this prior order was submitted as material paper. The respondents were represented by learned counsel for Customs and Central Excise and the Government Pleader for Commercial Tax.
Key Issues
1. Whether the issue in the present Writ Petition is covered by the order of this Court in W.P.No.3298 of 2019, dated 13.08.2019? Petitioner's Contention: The petitioner, through their counsel, argued that the issue is squarely covered by the aforementioned order of this Court. Revenue/State's Contention: The respondents, represented by their respective counsel, acknowledged that the issue is covered by the prior order and did not present any opposing arguments.
Sections Cited
Form GST TRAN-1
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
W.P.No.6404 of 2022
ORDER: (per AVSS,J)
When the matter is taken up, it is brought to the notice of this Court by Sri B.Srinivasa Rao, learned counsel for the petitioner, Sri Suresh Kumar Routhu, learned Senior Standing Counsel for Customs and Central Excise and Sri T.C.D.Sekhar, learned Government Pleader for Commercial Tax for respondents that the issue in the present Writ Petition is squarely covered by the order of this Court in W.P.No.3298 of 2019, dated 13.08.2019. A copy of the said order is filed along with the Writ Petition as material paper.
Following the said order and for the reasons recorded therein, this Writ Petition is disposed of in terms thereof, with a direction to the respondents to either open the portal to enable the petitioner to again file the Form GST TRAN-1 electronically or in the alternative accept the Form GST TRAN-1 presented manually on or before 30.04.2022. It is needless to say that thereafter the petitioner’s claim shall be processed in accordance with law. There shall be no order as to costs.
Miscellaneous Petitions pending, if any, in
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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.