Fair Growth Marketing vs. The Assistant Commissioner Of State Tax
Held
The Court held that the issue in the present Writ Petition is squarely covered by the order dated 13.08.2020 in W.P.No.1922 of 2020. Following the reasoning and directions in the aforementioned order, the Court directed the respondents to permit the writ petitioner to submit the GST TRAN-1 Form. This submission can be made either electronically or manually. The Court fixed a cut-off date for this submission and stipulated that it must be done within 30 days from the date of receipt of the judgment. Upon submission, the form is to be dealt with in accordance with law. No order as to costs was made. No specific issues were expressly left undecided.
Facts
The petitioner filed a Writ Petition before the High Court challenging an unspecified order or action by the revenue authorities. The tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the writ petition is also not detailed. The core of the matter revolves around the petitioner's inability to submit a GST TRAN-1 Form.
Key Issues
1. Whether the petitioner should be permitted to submit the GST TRAN-1 Form electronically or manually? The petitioner argued that they should be allowed to submit the GST TRAN-1 Form, either electronically or manually, as the issue is covered by a previous order of the High Court in W.P.No.1922 of 2020. The revenue's contentions are not explicitly recorded in the judgment, but their appearance suggests they were respondents opposing the petitioner's plea. The judgment implies that the petitioner's request is based on a precedent.
Sections Cited
GST TRAN-1 Form
AI-generated summary — verify with the full judgment below
THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE MS. JUSTICE J. UMA DEVI WRIT PETITION No.20136 of 2019 ORDER: (per Hon’ble Sri Justice A.V. Sesha Sai)
Heard Sri C.Sanjeeva Rao, learned counsel for the petitioner, Sri N.Harinath, learned Assistant Solicitor General, appearing for the second respondent, Sri T.C.D.Sekhar, learned Government Pleader for Commercial Taxes, appearing for the respondents 1, 3 and 4 and Sri Suresh Kumar Routhu, learned Standing Counsel, appearing for the fifth respondent, apart from perusing the entire material available on record.
When the matter is taken up for hearing, it is brought to the notice of this Court that the issue in the present Writ Petition is squarely covered by the order, dated 13.08.2020, in W.P.No.1922 of 2020. A copy of the said order is filed along with the Writ Petition as material paper. Following the above said order and for the reasons recorded therein, this Writ Petition is disposed of in terms thereof, directing the respondents concerned to permit the writ petitioner to submit GST TRAN-1 Form electronically or, in the alternative, manually, by fixing a cut off date, within a period of 30 day
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.