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M/S.Olafleet Technologies PVT. LTD vs. The Union Of INDIA

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WP/4211/2021HC TelanganaGSTCNR HBHC01007073202116 March 2022Bench: UJJAL BHUYAN,A.VENKATESHWARA REDDY5 pages

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Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of fVlandamus. (a) Set aside the Show Cause Notice dated 23.01.2021 issued by Sth Respondent proposing to demand CGST of Rs. 13,29,028/- and SGST of Rs. '13,29,0281. (b) directing the Respondents themselves, their officers and subordinates to transfer//adjustment of the amount deposited by the Petitioner as Andhra Pradesh IGST to Telangana CGST and Telangana SGST, WRIT PETITION NO: 4211 OF 2021 Between: lv1/s.OlAFleet Technologies pl,t. Ltd, No.76.1st floor Above OBC Bank, Srishti Towers, Arunodava Co-Operative Housing Society/ Madhapurz Hyderabad, Ranga Reddy, Telangana. ( Represented by Ms. Snigdha Mehrotra Associate Director) ...PETITIONER AND 1. The Union of lndia, Through its Revenue Secretary , Department of Revenue. Ministry of Finance, 128-AlNorth Block, New Delhi. 2. The Central Board of lndirect Taxes and Customs, Through its Chairman, North Block, New Delhi -1 10 001 3. The Goods and Services Tax Council, Sth Floor, Tower ll, Jeevan Bharti Building Janpath Road, Connaught Place, New Delhi -1 10 001 4. The State of Telangana, Through Principal Secretary to Government, Commercial tax dept.,Telangana Secretariat. Hyderabad, Telangana. 5. The Assistant Commissioner (State Tax), Madhapur-l Circle, Hyderabad Rural Division, Telangana 6. Commissioner of State Taxes, Hyderabad,MADHAPUB HYDERABAD ...RESPONDENTS Petition under I ection 151 CPC praying that in the circurnst€rnces stated in the affidavit filed in sl rport of the petition, the High Court may be pleased to stay further proceedings ir SCN dated 23.01 .2021 issued for the periol July 2017 to March 20 18 proposin) demand of CGST of Rs. 13,29,0281- and SGST of Rs,- p'.13,29,0281- issued b1 the Sth the Respondent, pending disposal of above writ petition and thus rend ,r justice. lA NO: 2 OF 2021 Counsel for the Petiti rner: SRl. NARENDER DAVE Counsel for the Resp rndent Nos. 1 to 3: SRl. B. MUKHERJEE, ASST. SOLICITOR GENERA . Counsel for the Resp )ndent Nos. 4 to 6: SRl. K. RAJI REDDY, SC FOR CT

The Court made the I rllowing: ORDER lA NO: 1 OF 2021 Petition under I ection 151 CPC praying that in the circumstzrnces stated in the affidavit filed in s rpport of the petition, the High Court may be pleased to vacate the interim ord:r dated 2310312021 in 1.A no. 1 o'f 2021 in \ /P.No. 4211 ol 2021. ,4., / HON'BLE SRIJUSTICE UJJAL BHUYAN AND HON'BLE SRIJUSTICE A. VENKATESHIYARA REDDY W.P.No.42lI of 2021 Order: 0'.r Hotrbb s ri l,',tu ujiat Bhryau) Fleard Mr. Narender Dave, leamed counsel for the petitioneq Mr. B. Mukherjee, leamed counsel representing leamed Assistant Solicitor General of India for respondents No.1 to 3; and L,k. K.Raji Reddy, learned Special Standing Counsel for the Commercial Tax Department appearing for respondents No.4 to 6. 2. By filing this petition under Article 226 of the Constitution of r. India, petitioner seeks quashing of showcause notice dated 23.A1,.2021, issued by respondent No.5 and further seeks a direction to the respondents for adjustment of the Integrated Goods and Services Tax (IGST) paid by the petitioner towards Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST) in the State of Telangana.

3.

Learned counsel for both the parties concede that subject maner of this writ petition is covered byV.P.No.4210 of 2021, v4rich I has been disposed of today by a separate order.

) To, 4 Followir; the same, this Writ Petition is disposed rf with the direction that the reasons and directions contaiaed in order dated 16.03.2At2 n \7.P.No.4210 of 2021 shall form part of this order as well.

5.

Registry to enclose ^ copy of order dated 16.03.2022 n \fl.P.No.4210 c: 2021to this order.

6.

Related nterlocutory applications, pending if ;.ny, stand disposed of. 7 . No costs. ,// .M.MANJULA ASSISTANl' REGISTRAR ) SECT ON OFFICER

1.

The Revenue Se :retary , Department of Revenue, Union of lndi;r, tt/inistry of Finance, 128-All orth Block, New Delhi.

2.

The Central Boar J of lndirect Taxes and Customs, Through lts Crhairman, North Block. Nev Delhi -110 001

3.

The Goods and I ervices Tax Council, Sth Floor, Tower ll, Jeevan Bharti Building Janpath load, Connaught Place, New Delhi -1 10 001

4.

The Principal Ser retary to Government, Commercial tax dept., State of Telangana, Tela rgana Secretariat. Hyderabad, Telangana.

5.

The Assistant Co nmissioner (State Tax), Madhapur-l Circle, Hyderabad Rural Division, Telanga ra

6.

Commissioner of State Taxes, Hyderabad, MADHAPUR,HYDER \BAD

7.

One CC to Sri. N rf'rder Dave, Advocate IOPUCI

8.

One CC to Sri. B Mukherjee, Asst. Solicitor General [OPUC]

9.

One CC to Sri.K. laji Reddy, SC for CT [OPUC] 10.Two CD Copies 1 1. One Spare Copy h PM GJ

HIGH COURT DATED:.1610312022 ORDER WP.No.4211 of 202' Disposing ol the WP Without cosls, ! '/ iJ . 1ii i,iN 1,/ | .../ '? {z ,\, q \0 0

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.