M/S.Aref Abdul Sattar Textiles PVT. LTD vs. The Deputy Commissioner (State Tax)And 2 Others

WP/19179/2022HC TelanganaGSTCNR HBHC01025972202211 October 2022Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN6 pages
AI SummaryRemanded

Held

The High Court found the rejection order to be unreasoned and not a speaking order. It also noted that the petitioner's objections were not considered.

Facts

The petitioner sought a refund of excess GST paid for the period July 2017 to March 2018. The refund application was rejected by the Deputy Commissioner citing delay, without addressing the petitioner's objections.

Key Issues

Whether the refund rejection order was a speaking order and if the petitioner's objections were properly considered.

Sections Cited

Section 54

AI-generated summary — verify with the full judgment below

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 19179 OF 2022 Between: M/s.Aref Abdul Sattar Textiles Pvt. Ltd, having its Office at 21-2-7 B2lB3lB5, lnside Patel Market Kaman Pathergati Hyderabad - 500002, Represented by its authorized signatory, Ms. Swathi Thakur, CEO. ...PETITIONER AND 1. The Deputy Commissioner (State Tax), Charminar STU-2, 1st Floor, Gagan Vihar Complex, Opp. Gandhi Bhavan, Nampally, Hyderabad - 500001

2.

The Commissioner of State Tax, Opp. Gandhi Bhavan, Gaganvihar Building, Nampally, Hyderabad - 500001

3.

The State of Telangana, Rep. by its Secretary, Revenue (CT) Department Secretariat, Hyderabad ,..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, Order or direction particularly one in the nature of a WRIT OF MANDAMUS (i) to declare and set aside the Refund Rejection order dated 16.3.2022 passed by the Respondent

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