S S Rail Works Private Limited vs. The Commissioner Of State Tax

WP/7675/2023HC Andhra PradeshGSTCNR APHC01014874202302 April 2023Bench: A V SESHA SAI,VENKATA JYOTHIRMAI PRATAPA5 pages
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Held

The Court held that the action of the respondent-assessing authority in recovering the entire amount covered by the impugned demand was illegal, arbitrary, and opposed to the provisions of sub-section (7) of Section 107 of the Central Goods and Services Tax Act, 2017. The Court reasoned that Section 107(7) clearly stipulates that upon payment of the pre-deposit amount as per sub-section (6), recovery proceedings for the balance amount are deemed to be stayed. By recovering the entire amount, the assessing authority acted contrary to this statutory provision. The ratio decidendi is that the mandatory pre-deposit under Section 107(6) triggers a stay on the recovery of the balance demand as per Section 107(7), and any recovery beyond the pre-deposit amount while appeals are pending is impermissible. The Court allowed the writ petitions, declared the recovery action illegal, and directed the respondents to refund the amount recovered from the petitioner's account, excluding the 10% pre-deposit amount.

Facts

The petitioner filed multiple writ petitions challenging the action of the assessing authority in adjusting the entire amount covered by the impugned demand. The assessing authority had initially issued show-cause notices under Section 73 of the Central Goods and Services Tax Act, 2017, for various periods. Subsequently, orders under Section 74 of the Act were passed on November 23, 2020. The petitioner then filed appeals before the appellate authority in April 2021, after making a pre-deposit of 10% of the demanded amount, as required. These appeals were pending consideration. The petitioner's grievance was that despite the pending appeals and the pre-deposit, the assessing authority proceeded to recover the entire demanded amount, which the petitioner contended was in contravention of Section 107(7) of the Act.

Key Issues

1. Whether the action of the assessing authority in recovering the entire amount covered by the impugned demand, despite the petitioner having filed appeals and made the mandatory pre-deposit under Section 107(6) of the Central Goods and Services Tax Act, 2017, is illegal and arbitrary? Petitioner's contention: The petitioner argued that the assessing authority's action of recovering the entire demanded amount contravened the provisions of Section 107(7) of the Act, 2017. This sub-section stipulates that where an appellant has paid the amount under sub-section (6), recovery proceedings for the balance amount shall be deemed to be stayed. Therefore, the recovery of the entire amount was not permissible. Revenue's contention: The judgment does not record any specific arguments made by the revenue or the State. The Government Pleader for Commercial Taxes was heard, but their contentions are not detailed in the judgment.

Sections Cited

Section 73, Section 74, Section 107, Section 107(6), Section 107(7)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 THE HON’BLE SRI JUSTICE A.V. SESHA SAI & THE HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P. Nos.8255 OF 2023, 7606 OF 2023, 7607 OF 2023, 7634 OF 2023 & 7675 OF 2023 COMMON ORDER:(per A.V. Sesha Sai, J) Heard Sri Varun Byreddy, learned counsel for the petitioner and Sri T.C.D. Sekhar, learned Government Pleader for Commercial Taxes. The petitioner in all these Writ Petitions is one and the same and though the assessment orders are for the different periods, since the issue in this batch of Writ Petitions is one and the same, this Court deems it appropriate to dispose of

these Writ Petitions by a common order.

The assessing authority, by pressing into service of the provisions of Section 73 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the Act, 2017”) issued show-cause notices to the petitioner for various periods, asking the petitioner to submit explanations. According to the petitioner, in response to the said show- cause notices, explanations were submitted. Eventually, on the same day i.e., on 23.11.2020, the assessing authority

2

passed the orders under Section 74 of the Act, 2017. It is absolute

The judgment continues below.

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.