Annadata Paddy Boiling Industry vs. The State Of Telangana

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WP/11132/2025HC TelanganaGSTCNR HBHC01021566202515 April 2025Bench: SUJOY PAUL,RENUKA YARA4 pages
For Petitioner: SRl. PADALA PRAVIN KUMARFor Respondent: SRI T. CHAITANYA KIRAN AGp, REPRESENTING SRI SWAROOP OORILLA Speciat Govt pteader for State Tax
AI SummaryDismissed

Facts

The petitioner, Annadata Paddy Boiling Industry, filed a writ petition challenging notices issued by the respondents (State of Telangana and its tax authorities) for the financial years 2017-18, 2018-19, and 2019-20. The notices demanded a total of Rs. 15,14,136/-. The petitioner contended that these notices were issued after a significant lapse of time, despite all returns having been filed, and that their explanation was not considered, violating principles of natural justice. The petitioner sought to drop the proceedings and direct the respondents to consider their representation dated March 27, 2025. The writ petition was filed in the Telangana High Court.

Held

The Court noted that the learned counsel for the petitioner sought to withdraw the writ petition with the liberty to avail the remedy of a statutory appeal. The learned Assistant Government Pleader representing the State Tax authorities had no objection to this request. Consequently, the Court dismissed the writ petition as withdrawn, granting the petitioner liberty to pursue the statutory appeal. No costs were imposed. Any pending miscellaneous petitions were also closed.

Key Issues

1. Whether the action of Respondent Nos. 2 to 4 in issuing notices for the financial years 2017-18, 2018-19, and 2019-20, demanding a total of Rs. 15,14,136/-, after a lapse of seven years and without properly hearing the petitioner's explanation, is illegal, arbitrary, and violative of the principles of natural justice? Petitioner's Arguments: The petitioner argued that the notices were issued after an inordinate delay, exceeding the prescribed time limits for initiating proceedings under GST laws. They contended that their representation dated March 27, 2025, was not considered, and the demand was raised without affording them a proper opportunity of being heard, thus violating the principles of natural justice. They sought the dropping of proceedings and consideration of their representation. Respondents' Arguments: The respondents, represented by the Assistant Government Pleader, had no objection to the petitioner's request to withdraw the writ petition.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[ 3446 ] HIGH COURT FOR THE STATE OF TELANGANA AT HMERABAD (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENry F|VE PRESENT THE HONOUR,ABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA WRIT PETITION NO: 11132 OF 2025 Between: Annadata Paddy Boiling lndustry, Rep. by its proprietor P. Dayakar Reddy' Sio. P.Anjaiah Reddy, iged. 64 Yeais. 6cc. Buslness, Rl/ o. 7-143, HUDA Complex, Saroornagar ttilandal, Ranga Reddy District ...PETITIONER AND 1 2 The State of Telangana, Rep. by its Principal Secretary Revenue Commercial Tax Department Hyderabad. The Commissioner of State Tax, Commercial taxes department, Goods and Services Tax (GST) Nampally, Hyderabad. 3. The Deputy Commissioner (ST I and ST-ll), Commercial taxes department, Goods bnd Services Tax (GbT) Nampally, Hyderabad. 4. The Assistant Commissioner (ST), Vanasthalipuram, Saroomagar Division, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe 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 more in the nature of a writ of Mandamus or any other appropriate writ order declaring the action of Respondent Nos.2 to 4 in issuing noiice to the Petitioner firm for the financial Yeat 2017-18 in DIN No.GST/36A1ZPP1716H1ZSI1B for Rs.3,08,9921, d1.18.12.2023 and for the Financial year 2018-19 in DIN No.GSTI36ALZP?1716H1Z.s'1 19 forRs.2,32,7111-' df.n.O4.i\24 and for the Financial yeat 2019-20 in DIN No.GST/36ALZPP1716H1ZSI20 for Rs.9,72,4331-, all the notices were issued in the month of March,2025 including DIN No. GST/36A1ZPP1716H1ZS|21 dt.24.O2.2O25 for the year 2O2O-21 and dropping the proceedings on DIN No.GST/36A12PP1716H125I21, dt.24.02.2025 for the year 2020-21 on the explanation of the petitioner and proceeding on the DIN No.GST/36A1ZPP1716H1ZS1'18 for Rs.3,0B,9S2l-, dt.18.12-2023 and for the -FF-::y Financial year 201t\-19 in DIN No.GST/36ALZPP1716H1ZS119 for Rs.2,32,7111-, d1.23.O4.2024 and for the Financial ye* 2019-20 in DIN No.GST/36ALZPP1716H1ZSI20 for Rs.9,72,433/-, without hearing the petitioner's explanation and claimrng total amount of Rs.15,14,136/- after lapse of (07) years, even after filing all returns by the Petitioner firm long back which is illegal, arbitrary against to the princip es of natural justice and consequently direct the Respondent No.4 to drop the proceedings on DIN No.GST/36A1ZPP1716H1ZS/18 for Rs.3,08,992i-, dt.18.12.2023 and for the Financial year 20 t8-19 in DIN No.GST/36ALZPP1716H1ZS|19 for Rs.2,32,7111-, d1.23.04.2O24 and for the Financial yeat 2019-2-0 in DIN No.GST/36ALZPP1716H1ZS|20 for Rs.9,72,4331 and claiming total amount of Rs.15,14,136/- by cortsidering the petitioner,s representation d1.27 03.2025 to Respondent Nos.2 to 4 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further pror;eedings on the show cause notices issued t.ry Respondent Nos.2 to 4 to the Petitioner firm for the financial year 2017-18 in DIN N6.GST/36A1ZPP1-t16H1ZSI1B for Rs.3,08.gg2t-, dt.18.12.202?, and for the Financial year 2018-19 in DIN No.GSTI36ALZPP1716H1ZSI 19 for Rs.2,32,711t-, dt.23.O4.2024 and for the Financial yeat ZOlg-2) in DIN No.GST/36ALZPP 1',7 1 6H1 ZS I 20 for Rs. 9, 72,433/- Counsel for the Petitioner: SRl. PADALA PRAVIN KUMAR Counsel for the Respondents: SRI T. CHAITANYA KIRAN AGp REPRESENTING SRI SWAROOP OORILLA Speciat Govt pteader for State Tax

The Court made the following: ORDER

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION No. 11132 o 2025 ORDER: (Per the Hon'ble the Acting Chief Justice Sujog Paul) Sri Padala Pravin Kumar, learned counsel for the petitioner, seeks to withdraw the writ petition with the liberty to the petitioner to avail the remedy of statutory appeal.

2.

Sri T. Chaitanya Kiran, learned Assistalt Government Pleader representing Sri Swaroop Oorilla, learned Special Government Pleader for State Ta-x, has no objection.

3.

Accordingly, the writ petition is dismissed as withdrawn with liberty prayer for. No costs Miscellaneous petitions pending, if any, shall stand closed. L. VIJAYA LAXMI st TANT REGISTRAR //// SECTION OFFICER To, KKS LS

1.

One CCto SRl. PADALA PRAVIN KUMARAdvocate [OPUC]

2.

Two CCs to SPECIAL GP for STATE TAX, High Court for the State of Telangana at Hyderabad. [OUTI

3.

Two CD Copies I I l I I +p

I I HIGH COURT DATED:1 510412025 ORDER WP.No.11132 of 2025 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS c3 1H-: s ra 01 w 2W5 r\\ ( 4-) o f * o€sot r r:HC \.::= o ,{ ,d

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.