Ravi Modani vs. The Union Of INDIA

WP/22486/2024HC TelanganaGSTCNR HBHC01043244202407 November 2024Bench: SUJOY PAUL,NAMAVARAPU RAJESHWAR RAO4 pages
AI SummaryRemanded

Held

The Court did not delve into the merits of the case or decide the issues raised. The learned counsel for the petitioner sought permission to withdraw the writ petition with the liberty to file a properly constituted petition. The respondents had no objection to this request. Consequently, the High Court dismissed the writ petition as withdrawn, granting the petitioner the liberty to file a fresh petition. No costs were awarded. The operative direction was to dismiss the petition as withdrawn with liberty.

Facts

The petitioner, Ravi Modani, Director of M/s Shri Shamlaji Sales Pvt Ltd, filed a writ petition before the Telangana High Court. The petition challenged an endorsement dated 27.02.2024, issued by the Senior Intelligence Officer, Directorate General of Goods and Services Tax Intelligence, Visakhapatnam Zonal Unit. This endorsement had the effect of freezing the petitioner's electronic credit ledger. The petitioner contended that this action was illegal, arbitrary, and passed in gross violation of the principles of natural justice and without application of mind. The petition also sought an interim order to suspend the impugned endorsement.

Key Issues

1. Whether the endorsement dated 27.02.2024, freezing the electronic credit ledger, was passed in gross violation of the principles of natural justice and without application of mind, making it illegal and arbitrary? Petitioner's argument: The petitioner argued that the freezing of the electronic credit ledger was illegal and arbitrary, violating fundamental principles of natural justice and demonstrating a lack of due application of mind by the respondent authority. Revenue's argument: The judgment records no specific arguments from the respondents regarding the legality or procedural propriety of the endorsement. However, their presence as respondents indicates their opposition to the relief sought by the petitioner.

AI-generated summary — verify with the full judgment below

134111 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUJOY PAUL AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 22486 OF 2024 Between: AND 1. Ravi Modani, Director, M/s Shri Shamlaji sales Pvt Ltd, Ground floor,2-4-428, M.G. road, Ramgopalpet, Hyderabad. Telangana- 500003 ,..PETITIONER The Union of lndia, represented by its Secretary Ministry of Finance Central Secretariat New Delhi.

2.

The Senior lntelligence officer, Directorate General of Goods and service Tax, lntelligence, Visakhapatnam Zone Unit, D.No. 28-14-17, Suryabagh, Besides melody theatre, Visakhapatnam-530020. 3. The Assistant Commissioner of State Tax, Ramgopalpe! Ranigunj-2 Circle, 3rd floor, Pavani Prestige Complex, above R.S. Brothers, Ameerpet, Hyderabad -500016. ...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 of in the nature of certiorarified mandamus lssue a writ, order or direction in the nature of certior

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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.