M/S.Am.J. And Company vs. The State Of Telangana

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WP/19101/2025HC TelanganaGSTCNR HBHC01037702202516 September 2025Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN5 pages
For Respondent: SRI K.SAI AKARSH, AGP, REP. FOR, SRI SWA.ROOP OORILLA, SPL. GP FOR STATE TAX
AI SummaryDismissed

Facts

M/s. AM.J. & Company (the petitioner) filed a writ petition challenging the action of the Assistant Commissioner (ST) (the respondent) in blocking its Electronic Credit Ledger on May 22, 2025, for an amount of Rs. 12,16,36,159/-. The petitioner contended that this action was taken without issuing any notice, was illegal, perverse, unsustainable in law, and violated the principles of natural justice, citing a previous judgment of the High Court. The petitioner sought to set aside the proceedings and direct the unblocking of its Electronic Credit Ledger. The respondent was asked to seek instructions. Subsequently, the respondent informed the court that the Electronic Credit Ledger had been unblocked on September 10, 2025. The petitioner did not dispute this but submitted that it was being made to pay a penalty.

Held

The Court noted that the petitioner's Electronic Credit Ledger was blocked on May 22, 2025, under Rule 86-A of the TGST Rules, 2017, without notice, which the petitioner challenged as illegal. The respondent, on instructions, informed the Court that the Electronic Credit Ledger had been unblocked on September 10, 2025. The petitioner's counsel did not dispute this fact. However, the petitioner's counsel submitted that the petitioner was being made to pay a penalty. The Court observed that any order imposing a penalty was not under challenge in the present writ petition. The Court stated that the petitioner might have a remedy before the appropriate forum if any proceedings have been conducted concerning charges under the Telangana Goods and Services Tax Act, 2017. Since the Electronic Credit Ledger had been unblocked, the Court found that nothing further survived for decision in the writ petition. Accordingly, the writ petition was disposed of.

Key Issues

1. Whether the action of the respondent in blocking the petitioner's Electronic Credit Ledger under Rule 86-A of the TGST Rules, 2017, without issuing any notice, is illegal, perverse, unsustainable in law, and contrary to the principles of natural justice, as contended by the petitioner? 2. Whether the petitioner is entitled to relief regarding the penalty being imposed, as submitted by the petitioner's counsel? Contentions of the Petitioner: The petitioner argued that the blocking of its Electronic Credit Ledger by the respondent on May 22, 2025, under Rule 86-A of the TGST Rules, 2017, was illegal and passed without any notice, violating principles of natural justice. They relied on the High Court's judgment in M/s. Bhavani Oxides and Others Vs. State of Telangana and Others. The petitioner sought to have the proceedings set aside and the ledger unblocked. Contentions of the Respondent: The learned Assistant Government Pleader for the respondents, on instructions, submitted that the Electronic Credit Ledger of the petitioner had been unblocked on September 10, 2025.

Sections Cited

Rule 86-A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 3488 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY. THE SIXTEENTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION NO: 19101 OF 2025 Between: a Ittl/s. AM.J. & Company, Rep. by its Proprietor Shaik Mohd. Abdul Jabbar. Dr.No.'10-1-126/105, Shop No'105. Ashoka Plaza, Masab Tank, Hyderabad- 500028. ...PETITIONER AND 1 The State of Telangana, Rep. by the Principal Secretary, Revenue (CT) Department, Secretariat, Hyderabad. Telangana. The Assistant Commissioner (ST), Mehdipatnam-2 Circle, Charminar Division, Hyderabad, Telangana. ..RESPONDENTS Petition under Article 226 o'f 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, or Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in passing the impugned proceedings dated 22.05 2025 vide Procdgs.No.A4I36AUCPS2437D1ZS|2025 under Rule 86-4 of the TGST Rules, 2017 blocking the petitioners Electronic Credit Ledger for an amount of Rs-12,'16,36,159/- without issuing any notice as illegal, perverse, unsustainable in law and contrary to the judgment of this Hon'ble Court in M/s.Bhavani Oxides and Others Vs. State of Telangana and Others in W.P. Nos.1039012024 and batch dated 26.06.2024 and. is in violation of the principles of natural justice. consequently set aside the said proceedings dated 22.05.2025 vide P rocd gs. No.44136,4UCPS2437 D 1 ZS 12025 a 2 I lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court rnay be pleased to direct the 2nd respondent to unblock the Electronic Credit Ledger of the petitioner which is blor;ked pursuant to the proceedings datecl 22 05.2025 uide Procdgs No A4I36AUCPS2437DIZS|2025 under Rule 86-,4 of the TGST Rules, 20'1 7 immediately Counsel for the Petrtioner: SRI B.KRISHNA REDDY Counsel for the Respondents: SRI K.SAI AKARSH, AGP, REP. FOR SRI SWA.ROOP OORILLA, SPL. GP FOR STATE TAX

The Court made the following: ORDER o I

THE HON'BLE THE CHIDF JUSTICE SRI APARESH KTJMAR SINGH AND THE HON'BLD SRI JUSTICE G.M.MOHII.IDDIN \trRIT PETITION No.l9lOL of 2O25 ORDER: Heard Mr. B. KrisLrna Reddv, iearned connsel Ibr thc petitioner and Mr. K.Sai Akarsh, lea.r-ned Assistalnt Govcrnment Pleader representing Mr. Swaroop Oorilla. Iearrned Spccial Government Pleader fbr State Ta-x appears for the responclerrts

2.

Petitioner's Electronic Credit t edger ',vas blockecl on 22.05.2025 under Rule 86,.4' of the Tclalgana Goocls and Services Tax Rules, 2017, which according to it $,.rs illegal ancl without any notice

3.

I-earned Assistant Government Plcacler lor the respondents was asked to.seek instructions.

4.

Today when the matter has been taken up, learnecl Assistant Government Pleader for the respondents. on instructions, subrnits that the Elecfonic Creclit l-edger of the petitioner has been unblocked on O LO9.2O25. .--I 1 5. [rarned counsel for the petitioner does not dispute that the Electroni(: Credit Ledger has been unblocked. However. he submil.s tlrat lhe petitioner is being made to pay penalty.

6.

Fror rr ir Jrenrsal of the lwit pctition. it appea-rs that alrr such ordcr inposing penalty is not under challenge. Petitioner may havc a remedy belore the appropriate forum, if any proceeclir-rgs have been conducted in respect ol any charges under the Tclangana Goods and Services Tax Act. 2017 by the respondent airthorities. However. so far as this matter is concer:rerl. sincc the Electronic Credit Ledger has been unblocked. rolhing survives to be decided. 7. r\ccordingly. the instant Writ Petifion is disposecl of Ilorvever-, therc shall be no order as to costs. Miscellrneous applications closed. pending, if any, shall stancl . JI\WAHAR REDDY I,\NT REGISTRAR ,// To. 1 The Principal Secrelgry, Revenue (CT) Departme\t, Telangana, State rrf Telangana. \ E:CTION OFFICER retariat, Hyderabad, o M

2.

The Assistant Conrmissioner (ST), tr/ehdipatnam-2 Circle, Charminar Division, Hyderabad, Telan,;ana.

3.

One CC to SRI B.I(RISHNA REDDY, Advocate IOPUCI

4.

Two CCs to SPI- GP FOR STATE TAX, High Court for the State of Telangana at Hyderabad [OUT]

5.

Two CD Copies BSR BS

HIGH COURT DATED: 16109t2'C25 ORDER o o k 1HE, ST4 14, 01 l'|1v 2925 Sri.aTCHf_O (, i. C) oo WP.No.19101 o1i 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSIS t I ,1 t,' \t )... \ I

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.