M/S. Nichino Chemical INDIA Private Limited vs. Union Of INDIA

Original PDF →
WP/35295/2024HC TelanganaGSTCNR HBHC01068269202427 January 2025Bench: SUJOY PAUL,RENUKA YARA5 pages
For Petitioner: SRI RAJA SHEKAR RAO SALVAJIFor Respondent: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA
AI SummaryDismissed

Facts

The Petitioner, M/s. Nichino Chemical India Private Limited, filed a writ petition challenging an Order-in-Original (No. 126/2024-25-CSR-AD3N-SANGREDDY DIN. 20240856YE0000702146 dated 26.08.2024) and consequential orders in FORM GST DRC-07 (Ref No. 2D3609240149907 dated 14.09.2024) issued by the 4th Respondent (Assistant Commissioner of Central Tax). These orders pertained to bunched-up periods from 2019-20, 2020-21, and 2021-22. The Petitioner sought to declare these actions illegal, non-est in law, arbitrary, and violative of principles of natural justice, and to quash them. An interim application was also filed seeking to suspend the effect of the FORM GST DRC-07 order for the period April 2020-March 2021.

Held

The Petitioner, through their counsel, sought to withdraw the writ petition. The Petitioner also prayed for a direction that if an appeal is preferred before the appellate authority against the impugned order within three weeks, the same may be heard on merits. The learned Senior Standing Counsel for CBIC had no objection to this request. Consequently, the High Court dismissed the Writ Petition as withdrawn. However, in the interest of justice, the Court directed that if the Petitioner prefers an appeal before the appellate authority within twenty-one days from the date of the order, the said authority shall decide the appeal on merits and shall not dismiss it solely on the ground of delay. No order as to costs was made.

Key Issues

1. Whether the bunched-up Order-in-Original No. 126/2024-25-CSR-AD3N-SANGREDDY DIN. 20240856YE0000702146 dated 26.08.2024, along with subsequent corrigendum and consequential orders in FORM GST DRC-07 dated 14.09.2024, issued by the 4th Respondent for the periods 2019-20, 2020-21, and 2021-22, are illegal, non-est in law, arbitrary, and violative of principles of natural justice? The Petitioner argued that these actions were illegal and arbitrary. The Respondents' arguments are not recorded as the matter was withdrawn. 2. Whether the Petitioner is entitled to interim relief suspending the effect of the FORM GST DRC-07 order for the period April 2020-March 2021 pending disposal of the writ petition? The Petitioner sought this suspension. The Respondents' arguments are not recorded.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 3446 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA WRIT PETITIONNO: 35295 OF 2024 Betwee n AND 1 M/s. Nichino Chemicat lndia private Li1r-iledr plot NO.60 and 61, lDA, pasha mylaram, Sanoareddv Telangana - SO23O.. Repiesented Oy O. ffrrriiil Reddy Aged.42years'S/o. r<ris"nna neOOvlvvI I \vvrve ...PETITIONER Union of lndia. Reo bv its Secretary, I\4inrstry of Finance, Department of Revenue. Norrh Bioc(, Centrat Seiretari;i. fu;* D;Ihi-_ 110 oo1 Central Board of lndirect Taxes and Customs. Rep by its Chairman, Mrnistry of Finance, Department of Revenue, ruortn Btock,"ceiriiir s"ir"irii"i,'r.r.*' Delhi - 'l 10 001 The. Princip-al commissioner of centrar rax, centrar Excise and service Tax, IMedchal GST Commissionerate, tiyUeraUal. - - - -.'' Il9 Pepgt_y/Assistant Commissioner of Central Tax, Sangareddy CGST D.ivision, I\/edchat CGST Commissionerate, irtot Nii. 5Ia:SsR tft.rdu,' Matrusri Nagar, I\,4iyapur, Hyderabad_ SOOOAS. -' '- -- The Assistant Commissioner of Central Tax, Circle_Vll, Audit - ll Commrssionerate, Door No 1-9g/B/20,2f , Srn"i Varrna pride, Krithika Layout, Madhapur, Hitech City, Hyderabail-soOOafl "-' 2 3 4 5 ...RESPONDENTS -Petition 9"d91,.11,.919 ??9-gllgglstitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court inJ! ue pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the , a) action of 4thRespondent in issuing bunched up order- ln-original No.1 26r2o24-25-csr-AD3N-scRDrv DrN. 20240856ye0 oooTo2t 46 dated 26.08.2024 arong with subsequent corrigendum to order-rn-originar vide DlN. 20240856YQ0000823648 dated 29.08.2024 for bunched up years from 2019- 20,2020-21 and 2021-22 and consequential effectual orders in FORM GST DRC- 07 vide Ref No. 2D360924O149907 dated 14.09.2024for the period April 2020- March 202'1 issued by the 4th Respondent as being illegal, non-est in law, arbitrary, violative of principles of natural justice and consequently to quash the same, b) and further pass lA NO: 1 OF 2024 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 effectual summary of order in FORM GST DRC-07 vide Ref No. 2D3609240149907 dated 14.O9.2024for the period April 2020-lr/arch 2021under Section 73 of the CGST Act, 2017 issued by the 4thRespondent pending the disposal of the writ petition Counsel for the Petitioner: SRI RAJA SHEKAR RAO SALVAJI Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA Counsel for the Respondent Nos.2 to 5: SRI DOMINIC FERNANDES, SC FOR CBIC

The Court made the following: ORDER

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA II/RIT PETITION No.35295 of 2024 ORDER (Per the Hon'ble the Acting Chief Justice Sujog paul) Sri Salvaji Raja Shekar Rao, learned counsel for the petitioner, after arguing the matter for some time, seeks to withdraw this Writ Petition and prays for a direction that if an appeal is preferred by the petitioner before the appellate authority against the impugned order within three weeks, the same may be heard on merits.

2.

Sri Dominic Fernandes, learned Senior Standing Counsel for CBIC, for respondent Nos.2 to 5, has no objection.

3.

Accordingly, the Writ Petition is dismissed as withdrawn. However, in the interest of justice, it is observed that if the appeal is preferred before the appellate authorit5r against the impugned order within twenty one days from today, the said authorit5r shall decide the appeal on merits and the same shall not be thrown overboard on the ground of delay. No order as to costs. ( / 7

1 Miscellaneous petitions pending, if any, shali stand closed. //' . K. AMMAJI ASSISTANT REGISTRAR o, TJ GJP 1. 9n" CC to Sri Raja Shekar Rao Satvaji, Advocate tOpUCl

2.

One CC to Sri Gadi Praveen Kumar Dy.- Solicitor gen. Of lnbia tOpUCl

3.

One CC to Sri Dominic Fernandes, SC for CBIC[dPUC]

4.

Two CD Copies \ { 1, t _-..----7- sful]bi6-rrrcen / @)

I HIGH COURT DATED:2710112025 ORDER 1 HE sIA 16r z WP.No.35295 of 2024 t) o * aJt SPA]'- DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS c 1 0 rrB 2[25

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.