Janga Chakradar Reddy vs. The Union Of INDIA And 8 Others

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WP/35978/2022HC TelanganaGSTCNR HBHC01052868202219 September 2022Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN6 pages
For Petitioner: SRI PULLA RAO YELLANKIFor Respondent: SR! L. VENKATESHWAR RAO, STAND|NG COUNSEL FOR COMMERCTAL TAXES (SMT. B. KAVTTHA YADAV, s.c. FoR CENTRAL GOVERNMENT AND Gp coR coMMERCIAL TAXES)
AI SummaryDismissed

Facts

The petitioner, Janga Chakradar Reddy, filed a writ petition seeking a direction to the Telangana GST authorities (Respondents 2-5) to cancel the GSTIN No. 36AGOPA7937J1ZZ registered in the name of the 6th respondent, Navarang Stores, represented by the 7th respondent. The petitioner contended that the property where the business was established had been sold multiple times, with the 6th respondent eventually selling it to respondents 8 and 9, who then sold it to the petitioner. The petitioner argued that the GST registration should be cancelled due to these property transactions. The petitioner had made several representations to the authorities regarding this matter.

Held

The Court held that the writ petition was wholly misconceived. The Proper Officer's report indicated that the GST registration was migrated from the erstwhile APGST/VAT regime and that the initial application was filed under that regime. Consequently, it was not possible to attribute the registration to incorrect documents. The Court also noted that a civil suit concerning money transactions between parties existed, but this could not serve as a valid ground for cancelling the GST registration. Additionally, the 6th respondent had been consistently filing its GST returns. The Court found that the report of the Proper Officer had not been assailed by the petitioner. Therefore, on a thorough consideration of all aspects, the Court concluded that no action was warranted and dismissed the writ petition.

Key Issues

1. Whether the action of the Respondent Nos. 2 to 5 in not taking any action on the petitioner's representations seeking to cancel the GSTIN No. 36AGOPA7937J1ZZ registered in the name of the 6th respondent is illegal, arbitrary, and a violation of Articles 21 and 300-A of the Constitution of India, particularly in light of the property sale deeds? Petitioner's arguments: The petitioner argued that the GST registration should be cancelled because the property associated with the registration has changed hands multiple times, culminating in its sale to the petitioner. The inaction of the GST authorities on the petitioner's representations was also challenged as illegal and arbitrary. Revenue's arguments: The revenue, through the Proper Officer, submitted a report stating that the 6th respondent had filed a receipt indicating possession of the premises. The GST registration was migrated from the erstwhile APGST/VAT regime, and the initial application was filed under that regime. Therefore, it was not possible to attribute the obtaining of tax registration to incorrect documents. The revenue also noted that a civil suit regarding money transactions existed between parties, which could not be a ground for cancellation. Furthermore, the 6th respondent had been filing required returns under the Telangana Goods and Services Tax Act, 2017, leading to the conclusion that no action was called for.

Sections Cited

Section 2(91)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 35978 OF 2022 Janga Chakradar Reddy, S/o. Raji Reddy, Age.46 years, Occ: Business, R/o.6-150, Srinagar Colony, Kothagudem Town and Mandal, Badradri Kothagudem District. Between: AND 1 ..PETITIONER 2 The Union of lndia, rep. by its Secretary to Government Department of Ministry of Finance, New Delhi The State of Telangana, rep. by its Principal Secretary for Commercial Taxes Department, Secretariat, Hyderabad The Deputy Sales Tax Officer, Kothagudem, Bhadradri Kothagudem District The Assistant Commissioner of Sales Tax, Circle-|, Kothagudem, Bhadradri Kothagudem District The Sales Tax Officer, Kothagudem, Bhadradri Kothagudem District. Navarang Stores, Rep. by its proprietor Abdul Sattar, S/o. Azzes, Age: 50 years, Occ: Business, R/o. H. No. 6-3-61, Chinna Bazar, Kothagudem Town and Mandal, Bhadradri Kothagudem District Abdul Sattar, S/o. Azzes, Age: 50 years, Occ: Business, R/o. H.No. 6-3-61, Chinna Bazar, Kothagudem Town and Mandal, Bhadradri Kothagudem District. Poreddy Gopal Reddy, Sio. Kanaka Reddy, Age: 69 years, Occ: Business, R/o. H. No. 6-150, Srinagar Colony, Laxmidevipally, Kothagudem Town and Mandai, Bhadradri Kothagudem District Poreddy Satyavathi, Wo. Gopal Reddy, Age: 65 years, Occ: House Wife, R/o. H.No. 6-150, Srinagar Colony, Laxmidevipally, Kothagudem Town and Mandal, Bhadradri Kothagudem District J 4 5 6 7 B o ...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 more particularly one in the nature of writ of mandamus, to declare the action of the Respondent Nos. 2 to s in not taking any action on the petitioner's representation s Dt. 19tol t2021 , 2lost2o22, 2110312022 seeking to cancel the GSTIN No. 36AGopAZg37J1zz registered in the name of 6th respondent estabrished at H. No. 6-3-61, Kothagudem Town and Mandal, Bhadradri Kothagudem District, rep. by 7th respondent as the 7th respondent sold out the property infavour of the gth and gth respondents through registered sale deed No.212112013, Dt.23to1t2o13 and in turn the respondents B and 9 sold out in his favour through registered sale deed No. 276112021, Dt. 5losl2021 and on the same day possession was delivered is being illegal, arbitrarily and violation Articles-21 and 300-A of the constitution of lndia and consequently direct the Respondent Nos. 3-s take steps to cancel the GSTIN No. 36AGOPA7937J1ZZ registered in the name of 6th respondent established at H. No. 6-3-6'1 , Kothagudem Town and Mandal, Bhadradri Kothagudem District. lA NO: 1 OF 2022 Petition under sectiorr 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos.3-5 to take steps on the petitioner,s representations dated 1510712021 , 2t05t2022, 21103t2022 seekiRg to cancet the GSTTN No. 36AGOPA7937J'1zz registered in the name of 6th respondent established at H.No. 6-3-6'1 ' Kothagudem Town and Mandal, Bhadradri Kothagudem District pending disposal of the above said writ petition. Counsel for the Petitioner: SRI PULLA RAO YELLANKI Counsel for the Respondent Nos. 1 to 5: SR! L. VENKATESHWAR RAO, STAND|NG COUNSEL FOR COMMERCTAL TAXES (SMT. B. KAVTTHA YADAV s.c. FoR CENTRAL GOVERNMENT AND Gp coR coMMERCIAL TAXES) Counsel for the Respondent Nos.6 to 9: -

/,' ///i THE HON'BLE THE CHIEF JUSTICE JAL BHTIYAN AND THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.35978 of 2o22 ORDER: Pet the Hon'ble the Chief Justice Lljjal BhuAan) Heard Mr. Pulla Rao Yellanki, learned counsel for the petitioner and Mr. L. Venkateshwar rao, learned counsel for respondents No.1 to 5. 2. By filing this writ petition under Articie 226 of th.e respondents No.2 to 5 to cancel the goods and services tax (GST) registration of respondent No.6 represented by respondent No.7. 3. From the material papers we find that in this connection representations were filed by the petitioner before the respondents on 2I.O3.2O22, O2.O5.2O22 and 25.O5 .2022. On the basis of the representations, respondent No.4 directed respondent No.S who is the lroper officer in terms of Section 2(911 of the Telangana 7 Constitution of India, petitioner seeks a direction to ) Goods and Services Tax Act, 2017, to conduct an enquiry and thereafter to take appropriate steps under the aforesaid Act.

4.

Proper officer submitted his report on O|'O7'2O22 stating that respondent No.6 had Iiled receipt in token of possession of premises in its name. GST in question is migrated from APGST/VAT and initial application for registration was filed under the erstwhile regime' Therefore, it is not possible to attribute that respondent No.6 had obtained tax registration on the basis of incorrect documents. There appears to be a civil suit regarding money transaction between one Abdul Sattar and Gopal Reddy, being O.S.No.199 of 2021. T}:.e same cannot be a valid ground for cancellation of GST registration. That apart, respondent No.6 has been filing required returns under the provisions of the Telangana Goods and Services Tax Act, 2077. Therefore, no action is called for.

5.

We hnd that the aforesaid report has not been \ assailed in the present proceeding. Be that as it may, on thorough consideration of all aspects of the matter, we are J of the view that Iiling oi the present writ petition is wholly misconceived. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs. 1 I //II

1.

One CC to SRt PULLA RAO YELLANK|, Advocate tOpUCl

2.

One CC to SMT. B. KAVITHA YADAV, S.C. for Centrat Government tOpUCl

3.

One CC to SRI L. VENKATESHWAR RAO, Standing Counsel tOpUCl t L*rlr:3;["rocfo[,l,co"urcial raxes' High court for the state of reranasna

5.

Two CD Copies.

6.

One Spare Copy I. NAGALAKSHMI o"'*ff751511 SECTION OFFICER To, MP GJP

6.

Writ petition is accordingly dismissed. / I

HIGH COURT DATED:1 910912022 irrE srAr5 c s L:[ 2U2 ORDER WP.No.35978 ot 2022 DlSMISSING THE WRIT PETITION WITHOUT COSTS {,-, \rtl". \\ r, 'i - I ::Sr' '- - -\.-.--i___ _,: . -i2 I I I t

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.