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

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WP/16038/2024HC TelanganaGSTCNR HBHC01031273202427 March 2025Bench: SUJOY PAUL,RENUKA YARA4 pages
AI SummaryRemanded

Facts

The petitioner, M/s. Bhagyalaxmi Cotton Industries, filed a Review I.A. No. 1 of 2025 seeking to review an order dated January 2, 2025, passed in Writ Petition No. 16038 of 2024. The original writ petition had questioned the validity of Section 16(2)(c) of the CGST Act/SGST Act, 2017. The petitioner argued that the Appellate Authority lacked the power to decide on the constitutionality of a statutory provision. The State Tax Department raised a formal objection. The High Court considered the arguments presented by both sides.

Held

The Court found substance in the petitioner's argument that the Appellate Authority of the department would not be able to decide the constitutionality of a statutory provision. Consequently, the order passed in Writ Petition No. 16038 of 2024 on January 2, 2025, was recalled. The Writ Petition was restored to its original number. The review application was disposed of accordingly. The principle derived is that matters concerning the constitutionality of statutory provisions fall within the purview of the High Court and not departmental appellate authorities.

Key Issues

1. Whether the Appellate Authority under the GST regime has the power to decide on the constitutionality of a statutory provision, specifically Section 16(2)(c) of the CGST Act/SGST Act, 2017? Petitioner's Argument: The petitioner contended that the validity of Section 16(2)(c) of the CGST Act/SGST Act, 2017, was challenged in the original writ petition. They argued that this specific relief, which involves questioning the constitutionality of a statutory provision, cannot be considered and decided by the Appellate Authority. Therefore, the writ petition should be restored to allow for this aspect to be argued and decided by the High Court. Revenue/State's Argument: The Special Government Pleader for State Tax raised a formal objection.

Sections Cited

Section 16(2)(c)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 34301 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 I.A.NO.1 OF 2025 IN WRIT PETITION NO: 16038 OF 2024 Between: M/s. Bhagyalaxmi Cotton lndustries,, rep. by its Partner, Mr. Purnachan{q, Bqo NagamallS, 167lAl, 167 lA2, 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 Spepial Chief Secretary to Government (FAC), State Tax Department, Secretariat, Hyderabad. 3. Union of lndia, rep. by its Secretary, Ministry of Finance, Jeevan Deep Building, 3id Floor, Sansad Marg New Delhi-1 10 001. 4. Central Board of lndirect Taxes and Customs, GST Policy Wing, Government of lndia, Ministry of Finance, New Delhi, rep, by its Commissioner (GST). 5. M/s. Madhuri Cotton Traders, 11-24-26111/3, Mani Venkataiah Colony, Deshaipet Road, Hanuma.konda-506 002. GSTIN 36ASNPTJ475D1ZG. ,....RESPONDENTS Petition Under Section 114 ready wrth 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.'16038 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 in W P.No 16038 of iOZq. 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.tUUKHERJEE, Learned Counsel representing SRI GADI PRAVEEN KUIVIAR, 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 petitioner. Sri Swaroop Oorilla, Learned Special Government Pleader for res pon de n t-State Tax. With the consent finally heard. Learned counsel for the petitioner by placing reliance on para 'relief prayed for'in the Writ Petition and urge that the validity of Section 16(2Xc) of the CGST AcUSGST Act, 2017 was called in question. This relief praye{ for cannot be considered and decided by the Appell3te Authority. Thus, lhe Writ Petition may be restored, so that, the said aspect can bq argued and decided. Learned Special Government Pleader for State Tax has raised formal objection. We find substance in the argument of learned counsel for the p-etitioner that the Appellate Authority of the Department will not be able to decide the constitutio na lity of the statutory provision. Resultantly, the order passed in WP.No.16038 of 2O24, dated 02.01.2025 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 ASSISTANT REGIS R ,// SECTION OFFICER To The Assistant Commissioner (ST), Warangal Urban-l Circle, Warangal

ll

2.

The Chief Secretary and Special Chief Secretary to Government (FAC), State Tax Department, Secretariat, State of Telangana at Hyderabad.

3.

The Secretary, Union of lndia, Ministry of Finance, Jeevan Deep Building, 3id Floor, Sansad [/arg, New Delhi-l10 001. 4. The Commissioner (GS), Central Board of lndirect Taxes and Customs, GST Policy Wing, Government of lndia, Ministry of Finance, New Delhi.

5.

I\4/s. Madhuri Cotton Iraders,ll-24-2611'1l3, Mani Venkataiah Colony, Deshaipet Road, Hanumakonda-506 002. GSTIN 3645NPT1475D1ZG.

6.

The Registrar Judicial - l, High Court for the State of Telangana at Hyderabad 7 The Section Officer, Writ D.B. Section, High Court for the Slatg of Telangana at Hyderabad. Q One CC to Ms. AKRUTI AGARWAL, Advocate [OPUCI

9.

One CC to SRI SWAROOP OORILLA, Learned Special Government Pleader for State Tax, Advocate IOPUCI 10 One CC to SRI GADI PRAVEEN KUMAR, Learned peputy $olicitor General of lndia, Advocate (OPUC) 1 'l . One -CC to Ms, B.SAPNA REDDY, Learned Senior Standir-rg Counsel for CBIC, Advocate (OPUC) '!2.Twq CD Qopies l SA BS

HIGH COURT DATED:0710312025 ORDER REVIEW No.1 of 2025 IN WP.No.'|6038 of 2024 DISPOSING OF THE I.A AND RESTORING THE W.P t\la .STA,1rU ,> 11 IIAfl zffi G) .i) * ',\''(l oEsPA:'t c \

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.