M/S. Subbaratnamma General Stores vs. The Assistant Commissioner

WP/26825/2022HC Andhra PradeshGSTCNR APHC01042912202228 September 2022Bench: C.PRAVEEN KUMAR,A V RAVINDRA BABU12 pages
AI SummaryRemanded

Held

The Court held that the assessment order was passed in violation of the principles of natural justice because the vigilance report, which formed the basis of the order, was not supplied to the petitioner. The matter was remanded for fresh consideration.

Facts

The petitioner challenged an assessment order under the AP VAT Act, 2005, arguing it was barred by limitation and violated natural justice. The assessment was based on a vigilance report concerning alleged evasion of tax on cigarette sales.

Key Issues

Whether the assessment order was barred by limitation and whether the non-supply of the vigilance report violated principles of natural justice.

Sections Cited

Section 37

AI-generated summary — verify with the full judgment below

HON’BLE SRI JUSTICE C.PRAVEEN KUMAR AND HON’BLE SRI JUSTICE A.V. RAVINDRA BABU W.P. No. 26825 of 2022

ORDER: (Per Hon’ble Sri Justice C. Praveen Kumar)

1.

Heard Sri. G. Narendra Chetty, learned Counsel appearing for the Petitioner and Sri. Y. N. Vivekananda, learned Government Pleader for Commercial Tax.

2.

The present Writ Petition is filed seeking issuance of Writ of Mandamus to declare the impugned Assessment Order vide A.A.O. No. ZH370722OD15092, dated 12.07.2022, passed by first Respondent for the tax periods 2009-10 to 2011-12 under A.P. VAT Act, 2005, as barred by limitation and violative of principles of natural justice.

3.

The facts, in issue, are as under: (i) The first Respondent herein passed an Assessment Order, dated 26.08.2014, stating that the Regional Vigilance and Enforcement Department Officers, inspected the business premises of one M/s. Gontla Brothers, Dharmavaram, and recorded the statement of one Sri. Ranganath, who is said to 2 have stated that he has sold cigarettes to the Petitioner. The said inspection material was forwarded by the Regional Vigilance and Enforcement Department to the first Respondent, which re

The judgment continues below.

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