Wipro Enterprises vs. The Comissioner

CEA/6/2019HC Andhra PradeshGSTCNR APHC01093849201826 October 2021Bench: AHSANUDDIN AMANULLAH,B KRISHNA MOHAN3 pages
AI SummaryWithdrawn

Held

The Court held that the Central Excise Appeal No. 6 of 2019 is disposed of as withdrawn. The petitioner is granted liberty to move under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. The reasoning is based on the petitioner's submission that the Scheme requires withdrawal of pending appeals for eligibility, and the respondent's lack of objection. The operative direction is the disposal of the appeal as withdrawn with liberty to the petitioner. No costs were awarded.

Facts

The petitioner, Wipro Enterprises Private Limited, filed Central Excise Appeal No. 6 of 2019 before the High Court of Andhra Pradesh. The appeal was against an order or action by the Commissioner of Central Tax-Tirupati-GST. The petitioner sought to withdraw the appeal to avail the benefits of the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. The scheme requires withdrawal of pending appeals as a condition for moving under it. The respondent, the Commissioner of Central Tax-Tirupati-GST, did not object to the withdrawal.

Key Issues

1. Whether the petitioner can withdraw the present Central Excise Appeal to move under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019, as per Section 127(7) of the Scheme? Petitioner's Argument: The petitioner argued that the Central Government introduced the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. To avail this scheme, it is mandatory to withdraw any pending appeal, as stipulated in Section 127(7) of the Scheme. Therefore, the petitioner requested permission to withdraw the present appeal with liberty to pursue the Scheme on its merits. Respondent's Argument: The respondent did not object to the petitioner's request for withdrawal.

Sections Cited

Section 127(7)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI HON’BLE Mr. JUSTICE AHSANUDDIN AMANULLAH AND HON’BLE Mr. JUSTICE B. KRISHNA MOHAN CENTRAL EXCISE APPEAL No.6 OF 2019 Wipro Enterprises Private Limited (Formerly Wipro Enterprises Limited) No.226/C & 226/D, IDA Gollapuram Road, Tumakunta, AP 11C Growth Center, Hindpur, Ananthapur District. Rep. by Rajesh Rangappa –Head (Taxation) … Petitioner Versus The Commissioner of Central Tax-Tirupati-GST Tirupati Commissionerate West Church Compound M R Palli Road, Chittoor, Andhra Pradesh. … Respondent Counsel for the petitioner : Mr. Ashish Samat Counsel for the respondent : Mr. M.V.J.K. Kumar

ORAL JUDGMENT Dt: 27.10.2021

(Per Hon’ble Sri Justice Ahsanuddin Amanullah)

Heard Mr. Ramana Reddy, learned counsel appearing for Mr. Ashish Samat, learned counsel for the appellant and Mr. Battu Srinivasa Rao, learned counsel appearing for Mr. M.V.J.K. Kumar, learned Senior Standing Counsel, Central Excise, Customs and Service Tax, for the respondent.

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2.

Learned counsel for the appellant submitted that in view of the Central Government coming up wit

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