M/S R.K. Traders vs. The State Of Telangana

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WP/14735/2026HC TelanganaGSTCNR HBHC01024858202604 May 2026Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA6 pages
For Petitioner: SRl. Y.BALA MURALIFor Respondent: SRI SWAROOP OORILLA, SPECIAL GOVT, PLEADER FOR STATE TAX

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Cause title — parties, addresses and appearances
13447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO: {4735 OF 2026 Between: M/s R.K. Traders, T-161, Shop No.1, Manchal Road, lbrahimpatnam, Ranga Reddy District, Telangana, Rep. by its Proprietor Rajiya Sultana Syad. ...,.PETITIONER AND 1. The State of Telangana, Rep by its Princrpal Secretary, Commercial Tax Department, Dr. B.R. Ambedkar Telangana Secretariat , Hyderabad. 2. The Joint Commissioner (ST), Secunderabad Division, 5th Floor, C.T. Complex, Nampally, Hyderabad. 3. The State Tax Officer, Vanasthalipuram - I Circle, Saroornagar Division, Ranga Reddy District. 4. The Assistant Commissioner, Vanasthalipuram -1 Range, Saroornagar, Ranga Reddy District. .....RESPONDENTS Petition Under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of the 2nd respondent in rejecting the Appeal vide Order No 2D3602260366395 (ARN No.AD36 1 1 2500941 00) dt 17 -02-2026 u nder sections 107 (1) and 107(4) ot the SGST/CGSI Act,2017 is illegal, arbitrary and against the provisions of State Goods and Services Tax and Central Goods Services Acl, 2017 and further declare the action of the 3rd respondent in directing the petitioner to pay an amount of Rs.6,44,208/- from April, 2019 to March, 2020 vide show cause notice vide Ref.No. 2D3608241079551 dt.26-08-2024 without foilowing due process and contrary to the state Goods and services Tax and central Goods services Act,2017 is also illegal and arbitrary and set aside the order passed by the 2nd respondent vide Order No.2D3602260366395 (ARN No.AD36.11250094iOO) dt.17-02-2026 under sections '107 (1) and 107@) of the SGST/CGSI Act,2017 and consequenfly direct the respondents 2 and 3 to drop all further proceedings of the show cause/demand notice of the 3rd respondent vide Ref.No. zD36o924io7g55'1 dt.26- 08-2024 by allowing the appeal filed by the petitioner before the 2nd respondent in the interest of justice. l.A.NO:1 OF 2026 Petition Under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the rejection order of the 2nd respondent passed in Order No.2D3602260366395 (ARN No.AD3611250094100) dt.17-02-2026, pending disposal of the main writ petition. |.A.NO:2 OF 2026 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petitron, the High court may be pleased to direct the respondents to drop all further proceedings of the show cause/demand notice vide Ref.No. 2D3608241079551 dt.26-08-2024 passed by the 3rd respondent in the interest of justice, pending disposal of the main writ petition. Counsel for the Petitioner : SRl. Y.BALA MURALI Counsel for the Respondents : SRI SWAROOP OORILLA, SPECIAL GOVT PLEADER FOR STATE TAX

The Court made the following ORDER

Page 1of 3 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSI{Y AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA Writ Petitioa No.14735 of 2026 Date of Order:. 04.05.2o26 BETWEEN: M/s.R.K. Traders ORDER : (per Han'ble Sri Justice P.SAM KOSHY) The instant Writ Petition has been hled by the petitioner under Article 226 of the Constitution of India praying the Court for issuance of a Writ of Mandamus by declaring the action of respondent No.2 in rejecting the Appeal vide Order No 2D36O226O366395 ARN No.AD3611250094100, dated 17.O2.2026 under Sections 1O7(1) and 1O7$l of the SGST/CGST Act, 2Ol7 as illegal, arbitrary and against the provisions of State Goods and Services Tax and Central Goods Services Act, 2077; to further declare the action of respondent No.3 in directing the petitioner to pay an amount of Rs.6,44,208/ from April, 2Ol9 to March, 2O2O uide Show-Cause notice uide Ref.No - 2D36O8241O79551, dated 26.08.2024, vuithout follorving due process and contrary to the state Goods and Services Tax and central Goods Services Act 2Ol7 as also illegal, arbitrary and to set aside the order passed by respondent No.2 uide Ordet No 2D36O2260366395 ARN No.AD361125OO941OO dated 77.02.2026 under Sections 107(1) and fi7$\ of the SGST/CGST Act 2077; and consequently to direct respondent Nos.2 and 3 to drop all further proceedings of the show cause/demand notice passed by respondent No.3 vide Ref.No.ZD36O824lO79551 dated 26.08.2024 by allowing the appeal frled by the petitioner before respondent No.2. 2. Heard Mr. Y. Baia Murali, learned counsel for the petitioner; and Mr.Swaroop Oorilla, learned Special Government Pleader for State Tax, for the respondents.

3.

During the course of hearing, learned counsel on either side reached to a consensus that, the instant writ petition may be disposed of in terms of order passed by a Division Bench of this Court in Writ Petition No.360O of 2024, dated 22.02.2024. 4. Accordingly, as agreed, the instant Writ Petition stands disposed of by directing the petitioner herein to deposit \Oo/o of the tax liability as assessed by the Assessing Officer with the Department within four weeks from to-day. The petitioner shall approach the Goods and Services Tax Appellate Tribunal (hereinafter referred to as, 'the Tribunal") for filing an appeal; and upon such filing of an appeal before the learned Tribunal, the Tribunal shall decide the appeal in accordance with law

5.

Further, subject to depositing lOo/o of the tax liability within the a-foresaid time, no coercive action shall be taken by the respondents against the petitioner till outcome of the decision of the Tribunal in the appeal preferred by the petitioner. It is made ciear that this Court has not expiessed any opinion on the merits of the case.

6.

With these observations, the Writ Petition stands disposed of. No costs.

7.

As a sequel, miscellaneous applications pending, if any, shall stand closed. AS T. SRIDEVI ISTANT REGISTRAR //// CTION OFFICER To 1 . The Principal Secretary, Commercial Tax Depart Dr. B.R. Ambedkar t 2 J Telangana Secretariat, State of The Joint Commissioner (ST Complex, Nampally, Hyderabad Telangana at Hyderabad The State Tax Officer, Vanasthalipuram - I Circle, Saroornagar Division, Ranga Reddy District.

4.

The Assistant Commissioner, Vanasthalipuram -1 Range, Saroornagar, Ranga Reddy District.

5.

One CC to SRI Y.BALA MURAL|, Advocate tOpUCl

6.

Two CC to SRI SWAROOP OOR|LLA, SPEC|AL GOVT PLEADER FOR STATE TAX, Advocate [OUT]

7.

Two CD Copies ), Secunderabad Division, Sth Floor, C.T SA BS ^])

-/ HIGH COURT DATED: 0410512026 ORDER WP.No.14735 ot 2026 DISPOSING OF THE W.P WITHOUT COSTS. t ou 2 I JlJtl 2026 I t D t( .ipn'rCH ..'r-.r) HE SI4 1 , F ,c r,\rt o

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.