M/S.Gdr Constructions vs. The Assistant Commissioner Of Central Tax

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WP/13175/2025HC TelanganaGSTCNR HBHC01024072202529 April 2025Bench: SUJOY PAUL,RENUKA YARA4 pages
For Petitioner: SRI B.KRISHNA REDDYFor Respondent: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIA, L OF INDIA
AI SummaryDismissed

Facts

The petitioner, M/s. GDR Constructions, filed a writ petition challenging an order passed by the Assistant Commissioner of Central Tax. The impugned order, bearing No. 61/2025-Adjn.(GST)AC dated January 31, 2025, was passed under Section 74 of the CGST Act, 2017, for the tax periods 2017-18 and 2018-19. The petitioner sought to declare this order illegal, arbitrary, high-handed, contrary to the CGST Act, in violation of natural justice, and barred by limitation. Additionally, the petitioner filed an interim application seeking suspension of the operation of the impugned order pending the disposal of the writ petition. The respondents included various authorities of the Central Tax and the Union of India.

Held

The Court noted that the learned counsel for the petitioner sought to withdraw the writ petition with the liberty to avail the remedy of appeal. The learned Senior Standing Counsel for the respondents had no objection to this request. Consequently, the Court dismissed the writ petition as withdrawn with the liberty prayed for. However, the Court provided a crucial direction: if an appeal is preferred within fifteen days from the date of the order, the appellate authority shall decide it on its merits and shall not dismiss it on the ground of limitation. No order as to costs was made. The issue of the legality, arbitrariness, violation of natural justice, or limitation of the impugned order was not decided on merits as the petition was withdrawn.

Key Issues

1. Whether the impugned order passed under Section 74 of the CGST Act, 2017, for the tax periods 2017-18 and 2018-19 is illegal, arbitrary, high-handed, contrary to the provisions of the CGST Act, 2017, in violation of principles of natural justice, and barred by limitation. Petitioner's Contention: The petitioner argued that the impugned order was illegal, arbitrary, high-handed, contrary to the provisions of the CGST Act, 2017, violated principles of natural justice, and was barred by limitation. The petitioner sought to set aside the order. Revenue's Contention: The judgment records no specific argument from the revenue on the merits of the case. However, the Senior Standing Counsel for CBIC had no objection to the petitioner's request to withdraw the writ petition.

Sections Cited

Section 74

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Between: M/s.GDR #6-2031110 Constructions, ReP b 2, Durgabhavani Nagar, [ 3446 ] ...RESPONDENTS HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I rr..r I vvvr \ I ' -' idpeciat original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF APRIL _- TWO THOUSAND AND TWENTY FIVE THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA PRESENT WRIT PETITIO N NO:1 3175 0F 2025 v ils Proorietor G.Dushyantha Reddy' fi yderaOaa', Ranga Reddy, Telangana' ..PETITIONER AND 1 The Assistant Commissioner of Central Tax' Saroornagar GST Division' Ranga ReddY Dist. The Princioal Commissioner of Customs.and Central Tax' Rangareddy CGST c&"ii;;;;;;ie, tvtaanaPur, HYderabad' The Union of lndia, Rep' by its Secretary' Ministry of Finance' North Block' New Delhi-1 . r h e c e nt ra I B o a rd of ', or ffi :1,t"?H:,3 ll "iil3tlfl '3i "l*lo" i,{,,X i.?l lJ}ilI: Ministrv of Finance, DePartt New Dirlhi - 100 001 . 2 4 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 preased to issue wirt of lvlandamus or any other appropriate writ or order or Direction decraring the action of the respondent in passing the impugned order in Original No.61/2025-Adln'(GST)AC dated 31.01'2025' forthe tax period 2017- 1 8 and 2018-19 under Section 74 of the Act' as illegal' arbitrary' high handed' contrarytotheprovisionsoftheCGSTAct20lT'violationofprinciplesofnatural justice, barred by limitation and set aside the same as null and void' Petition under Section '1 51 CPC praying that in the circum-.;tances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operatior of the impugned Order in Original pass<:d by the 1st respondent in No.61/;1025-Adjn.(GST)AC dated 31 .01 .2025, for the tax period 2017-18 and 2018-19 under the CGST Act, 2017 pending dispos,al of the Writ Petition. Counsel for the Petitioner: SRI B.KRISHNA REDDY Counsel forthe Respondent No.1,2 & 4: SRI DOMINIC FERNANDES, Sr. SC FOR CBIC Counsel for the Respondent No.3: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIA,L OF INDIA

The Court made the following: ORDER lA NO: 1 OF 2025

THE HON'BLE THE ACTING CHIEF JUSTICE SU.JOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION No. 13175 of 2O2S ORDER: (Per the Hon'ble th.e Acting Chief Justicc Sujog paul) Sri B.Krishna Reddy, learned counsel for the petitioner, seeks to withdraw this writ petition with the liberty to the petitioner to avail the remedy of appeal.

2.

Sri Dominic Fernandes, learned Senior Standing Counsel for CBIC, for respondent Nos.1, 2 and 4 has no objection. 3 Accordingry, the writ petition is dismissed as withdrawn with the liberty prayed for. However, if the appeal is preferred within fifteen days from today, the appelrate authorit5r shall decide it on merits and shall nol dismiss it on the ground of limitation. No order as to costs. Miscellaneous petitions pending, if any, sha11 stand closed A.SRINIVASA REDDY ISTANT REGISTRAR //// SECTION OFFICER One CC to SRI B.KRISHNA REDDY, Advocate [OPUC] one cc to sRl Dotr/ilNtc FERNANDES, Sr. SC FOR CB|C tOpUCl One CC to SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF lNDIA, High Court for the State of Telangana at Hyderabad [OPUC] Two CD Copies To, 1. 2. 3. 4 BSR

CC TODAY HIGH COURT DATED:2910412025 ORDER WP.No.13175 of 2025 DISMISSING THE WRIT PETITION AS WITHDRAWN, WITHOUT COSTS -1= :)+ { :: i. 'i: - ' .' '-:\l r,,E S 14iq(- -a- | '. l.)\r ") 3tl iPR m6 z _c) 7M I i l i I i L

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.