M/S. Bhagyalaxmi Cotton Industries vs. Assistant Commissioner (St)

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WP/15150/2024HC TelanganaGSTCNR HBHC01029496202427 March 2025Bench: SUJOY PAUL,RENUKA YARA4 pages
AI SummaryRemanded

Facts

The petitioner, M/s. Bhagyalaxmi Cotton Industries, filed a Review Petition No. 1 of 2025 seeking to review an order dated 02.01.2025 passed by the Division Bench-II in Writ Petition No. 15150 of 2024. The original writ petition had questioned the validity of Section 16(2)(c) of the CGST/SGST Act, 2017. The petitioner argued that this specific relief, concerning the constitutionality of a statutory provision, could not be decided by an Appellate Authority. The respondents, including the Assistant Commissioner (ST) and the State of Telangana, were represented. The petitioner sought the restoration of the writ petition to allow for the argument and decision on the constitutional validity of the said section.

Held

The Court found substance in the petitioner's argument that the Appellate Authority of the department lacks the power to decide the constitutionality of a statutory provision. Consequently, the Court recalled its previous order dated 02.01.2025 passed in Writ Petition No. 15150 of 2024. The Writ Petition was restored to its original number. The ratio decidendi is that constitutional challenges to statutory provisions, which cannot be addressed by departmental appellate authorities, are maintainable before the High Court under its writ jurisdiction. The operative direction was the restoration of the writ petition.

Key Issues

1. Whether the High Court, in its writ jurisdiction, should restore Writ Petition No. 15150 of 2024 for deciding the constitutional validity of Section 16(2)(c) of the CGST/SGST Act, 2017, given that an Appellate Authority cannot adjudicate on such a challenge? Petitioner's Argument: The petitioner contended that the relief sought in the original writ petition, specifically challenging the validity of Section 16(2)(c) of the CGST/SGST Act, 2017, falls outside the purview of an Appellate Authority. Therefore, the writ petition should be restored to its original number to allow for the proper adjudication of this constitutional question. Revenue/State's Argument: The Special Government Pleader for State Tax raised no objection to the petitioner's prayer.

Sections Cited

Section 16(2)(c)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 3430 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE DR. JUSTICE G,RADHA RANI REVIEW PETITTON NO.1 OF 2025 IN WRIT PETITION NO: 15150 OF 2024 Between: M/s. Bhagyalaxmi Cotton lndustries, rep. by its Partner, [\ilr. Purnachandar Rao Nagamalla, 1671A1 , 1671A2, Enumamula, Hanumakonda-506 002, Warangal District. ,.,.,PETITIONER AND 1. Assistant Commissioner (ST), Warangal Urban-l Circle, Warangal. 2. State of Telangana, rep. by its Chief Secretary and $pecial Chief Secretary to Government (FAC), State Tax Department, Secretariat, Hyderabad. 3. Union of lndia, rep. by its Secretary, lvlinistry of Finance, Jeevan Deep Building, 3rd Floor, Sansad Marg, New Delhi-110 00'l . 4. Central Board of lndirect Taxes and Customs, GST Policy Wing, Governmenl of lndia, Ministry of Finance, New Delhi, rep. by its Commissioner (GST). 5. M/s Madhuri Cotton Traders, 11-24-26111/3, IVlarri Venkataiah Colony, Deshaipet Road, Hanumakonda-506 002. GSTIN 36A5NPTl47pD1ZG .,...RE$PONDENTS Petition Under Section 114 ready with Order 47 Rule 1 & 2 of Code of Civil praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to review the order dated 02.01.2025 in writ petition No.15150 of 2024, passed by the Hon'ble Division Bench-ll. This petition coming on for hearing, upon perusing the petition and Memorandum of Grounds filed in the support thereof and upon reading the Order dated 02 01 .2025 ut W P No 15'150 of 2024, upon hearing the arguments of Ms. AKRUTI AGARWAL, appearing on behalf of Petitioner and AGP representing SRI SWAROOP OORILLA, Learned Special Government Pleader for State Tax, for the Respondent Nos.1 & 2, SRI B.MUKHERJEE, Learned Counsel representing SRI GADI PRAVEEN KUMAR, Learned Deputy Solicitor General of lndia, for respondent No.3.and Ms. B.SAPNA REDDY, Learned Senior Standing Counsel for CBIC, for Respondent No 4, and None Appeared for the Respondent

No.5, the Court made the following ORDER Sri Akruti Agarwal, learned counsel for the petifioner. Sri Swaroop Oorilla, Learned Special Government Plea(er for res ponde nt-State Tax. With the consent finally heard. Learned counsel for the petitioner by placing reliance on para relief prayed for in the Writ Petition namely, 48 (b) and urge that the validity of Section 16(2)(c) of the CGST AcUSGST 4c1,2017 was called in question. This relief cannot be decided by the Appellate Authority. Thus, the Writ Petition may be restored, so that, the said aspect can be argqgd and decided. Learned Special Government Pleader for State Tax has raised formal no objection. We find substance in the argument of learned counsel for the petitioner that the Appellate Authority of the Department will not be able to decide the constitutionality of the statutory provision. Resultantly, the order passed in WP.No.15150 of 2024, dated 02.0'1.2025 is recalled. The Writ Petition is restored to its original number. Accordingly, this Application stands disposed of. A copy of this order be kept in the writ petition. .N. SRIH RI ASSISTANT REGIS R //// SECTION FFICER 2 To The Assistant Commissioner (ST), Warangal Urban-l Circle, Warangal. The Chief Secretary and Special Chief Secretary to Government (FAC), State Tax Department, Secretariat, State of Telangana at Hyderabad. 1

3- The Secretary, Union of lndia, lvlinistry of Finance, Jeevan Deep Building, 3rd Floor, Sansad lvlarg, New Delhi-1 10 001 . 4- The Commrssioner (GST), Central Bg.'ard of lndirect Taxes and Customs, GST Policy Wing, Government of India, tVlinistry of Finance, New Delhi.

5.

The Registrar Judicial- l, High Court for the State of Telangana at Hyderabad.

6.

The Section Officer, Writ D.B. Section, High Court for the State of Telangana at Hyderabad.

7.

One QQ to Ms. AKRUTI AGARWAL, Advocate IOPUCI U 91" CQ to SRt SWAROOP OORILLA, Learned Special Government Pleader {or State Tax, Advocate [OPUC] 9 One QQ to SRI cADl PRAVEEN KUMAR, Learned Deputy Solicitor Ggneral of lndia, Advocate (OPUC) 10.One CC to Ms. B.SAPNA REDDY, Learned Senior Standing Counsel for CBIC, Advocate (OPUC) 11.Two GD Copies SA BS %

I HIGH COURT DATED:0710312025 ORDER REVIEW No.1 of 2025 IN WP.No.15150 of 2024 DISPOSING OF THE I.A AND RESTORING THE W.P E lt1 ST l'E. 2[25 I fl 1 A 1,1 t t c F p e ",\ ! Zo \ + ()

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.