M/S. Amma Constructions vs. Assistant Commissioner (St)

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WP/11436/2025HC TelanganaGSTCNR HBHC01021924202529 April 2025Bench: SUJOY PAUL,RENUKA YARA5 pages
AI SummaryRemanded

Facts

The petitioner, M/s. Amma Constructions, represented by its partner, challenged notices and an assessment order issued by the Assistant Commissioner (ST). The challenge pertains to the tax period 2019-20. The petitioner argued that the show cause notice, dated 15-07-2024, was issued beyond the limitation period, as it should have been issued on or before 31.05.2024. The assessment order, dated 23-08-2024, was also challenged on grounds of being barred by limitation and lacking physical or digital signatures, rendering it void ab initio and without jurisdiction. The petitioner sought a writ of mandamus to declare these actions null and void.

Held

The Court held that the matter was squarely covered by a recent order of the High Court in W.P.No.9924 of 2025, dated 03.04.2025. The Court noted that the show cause notice in the present case was issued on 15.07.2024 for the tax period 2019-20, whereas it should have been issued on or before 31.05.2024. Based on this admission and the previous order, the Court set aside the impugned assessment order dated 23.08.2024. The Court explicitly stated that the Writ Petition was disposed of without expressing any opinion on the merits of the case. No costs were awarded.

Key Issues

1. Whether the show cause notice issued on 15.07.2024 for the tax period 2019-20 is barred by limitation under the CGST Act, 2017 and TGST Act, 2017? 2. Whether the assessment order dated 23.08.2024, issued under Section 73 of the CGST Act, 2017 and TGST Act, 2017, is void ab initio, without jurisdiction, illegal, arbitrary, and contrary to law due to being barred by limitation and lacking proper signatures? Petitioner's Contentions: The petitioner argued that the show cause notice was issued beyond the prescribed limitation period, which is 31.05.2024 for the tax period 2019-20. They further contended that the assessment order, lacking physical or digital signatures, was void ab initio, without jurisdiction, and illegal. The petitioner relied on the principle that actions taken beyond limitation are invalid. Respondents' Contentions: The respondents did not record any specific arguments in the judgment. However, the parties jointly admitted that the matter was covered by a previous order of the High Court.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE THE ACT]NG CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA WRIT PETIT]ON NO: 11436 OF 2025 [ 34461 erabad, Tammi ...PET]TIONER Between: AND M/s. Amma Constructions, Plot No.2OlPart, Chandraiah Colonv. Hvd Ranga- Reddy, Telangana - 500 091, Represented by its partner, Sri Setty Ankamma Raju. 1. Assistant Commissioner (ST), Madhapur - 6 Circle, Madhapur Division, Hyderabad. 2. The State of .T-elangana, represented by its Principal Secretary, Revenue Department (Commercial Taxes), Telangana Secietariat, Hyd'erabad. ...RESPONDENTS Petition under Article 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 a Writ of mandamus or any other appropriate writ, declaring the action of the first Respondent in issuing the notices/orders as null and void in view of Show Cause Notice in Form GST DRC-01, in Ref No.2D36O7240564761, dated 15-07 -2024 on account of being barred by limitation and Assessment Order vide DRC-07, in Reference No.2D360824089548N, dated 23-08-2024, issued under Section 73 of the CGST Act, 2017 aN the TGST Act,2017 for the tax period 2019 - 20, without having physical or digital signatures as void ab initio, without jurisdiction, illegal, arbitrary and contrary to the provisions of the CGST Act, 2017, and in violation of Article t 9(1 Xg) and 300A of the Petitioner lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in iupport of the petition, the High Court may be pleased to pending disposal of the Writ Petition grant stay of all further proceedings arising in pursuance of the impugned Assessment Order passed by the first respondent in I Form GST DRC - 07 n Reference No. 2D360824089S48N, dated 2:3-08-2024, for the tax period 2O19|2C Counsel for the Fertiticner: SRl. PUPPALA BHARATH NANDAN counsel for the Rerspondents: sRt swARoop ooRlLLA Special Giovt pleader for State Tax

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THE HON,BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION I{o.11436 of 20.25 ORDER (Per the Hon'ble the Actirq Chief Justkn SujoA Paul): Sri Puppala Bharath Nandan, learned counsel for the petitioner and Sri Swaroop Oorilla, learned Special Government Pleader for State Tax, for the respondents.

2.

With the consent, finally heard

3.

At the outset, learned counsel for the parties fairly admitted that this matter is squarely covered by recent order of this Court in W.P.No.9924 of 2025, dated 03.04.2025. The show-cause notice in the instant case 'v\ras issued on 15.07.2024 for the tax period 2O79-2O, whereas it could have only been issued on or before 31.O5.2O24. 4. In view of candid statement made by learned counsel for the parties and also the order passed by this Court in the aJoresaid case. The impugned assessment order dated 23.08.2024 is set aside.

5.

Resultantly, the Writ Petition is disposed of without I I expressing any opinion on the merits of the case. No costs.

2 Interlocur,o:-z applications, if any pending, sha[ aiso stand closed. //// N. SRIHARI DEPU]Y REGISTRAR i ISECTION OFFICER To, KKS LS \n-

1.

The Assis;ta nt ()ommissioner (ST), Madhapur - 6 Circle, Madhapur Division, Hyderabad Z. Jf,g Principal S ecretary, Revenue Department (Commercial Taxes), Telangana :Ser retariat, Hyderabad.

3.

One CC tc Slil PUPPALA BHARATH NANDAN Advocat,: [OPUC]

4.

Two CCs to G r for STATE TAX, High Court for the State of Tr:langana at Hyderabad. [Or.JT]

5.

Two CD Copie-':;

t I J HIGH COURT DATED:291Ct412025 ORDER WP.No.11436 oI 2025 DISPOSING T;{E WRIT PETITION WITHOUT COSTS (+ <K<'=i 2 s14 s J o z C) t oo 1 M JUt'| r9 \-^^,',,-- 1.,.,} l 2^ (' )J

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.