M/S. Sree Lalcshmi Electrical Services vs. The Assistant Commissioner (St) (Fac)
Original PDF →No AI summary yet for this judgment.
Cause title — parties, addresses and appearances
Order or Direction more particularly in the nature of MANDAMUS holding that the impugned Order of Assessment passed by the First Respondent vide SGST A.O. NO.- ZH3711200D73406, dated 31-10-2020, in so far as it relates to the imposition of penalty of Rs. 33,00,000/- u/S.74 (8) of the SGST Act, 2017, relating to the Tax Periods 2018-19, without there being such proposal in the pre-assessment show cause notice, is violative of the principles of natural justice, and even otherwise the ingredients of S.74(8) are not attracted and it is not a case for imposition of penalty and consequently set aside the imposition of the said penalty. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of collection of the disputed Penalty of Rs. 33,00,000/- imposed by the impugned Order of Assessment vide SGST A.O. NO.- ZH3711200D73406, dated 31-10-2020, under the SGST Act, 2017, relating to the Tax Periods 2018-19, pending disposal of the above Writ Petition. Counsel for the Petitioner(s): SRI SHREYAS REDDY Counsel for the Respondents 1 & 2 : GP FOR COMMERCIAL TAX Counsel for the Respondent No.3 : SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER
/ APHC010375472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [^0 [3488] MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE HARINATH.N I I WRIT PETITION NO: 25133/2020 Between: M/s. Sree Lalcshmi Electrical Services ...PETITIONER AND The Assistant Commissioner St Fac and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SHREYAS REDDY Counsel for the Respondent(S):
HARINATH N (Asst Solicitor General)
The Court made the following order:(per Hon’ble Sri Justice R Raghunandan Rao) The learned counsel for the petitioner seeks to withdraw this Writ Petition with liberty to pursue the statutory remedies as permitted by this Court in the order, dated 16.07.2024, in W.P.No.9696 of 2023. 2 RRR, J & HN, J W.P.No.25133 of 2020
This Writ Petition i IS accordingly, disposed of, and in terms of the order, dated 16,07.2024, in W.P.No.9696 of 2023. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ®R'NIVAS ASSISTANT registrar //// SEC officer To,
The Assistant Commissioner (ST) (FAC), Proddatur-I Circle, Vasanthapeta, Proddatur, YSR District, A.P.
The Principal Secretary to the Government, Revenue (ST) Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Velagapudi, Guntur District, A.P.
The Secretary (Finance), Ministry of Finance, Union of India Block, New Delhi - 110001. 4. One CC to SRI SHREYAS REDDY Advocate [OPUC]
Two CCS to GP for COMMERCIAL TAX, High Court of Andhra Pradesh [OUT]
One CC to SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA, High Court of Andhra Pradesh. [OPUC]
Three CD Copies Madhu North
HIGH COURT 09/09/2024 v' V .1 ■ ; ^ - J-*- » A - ^ A' ' V' ORDER ^ 1 2 SEP 7m g V ^ Current Section . 'Cj WP.No.25133 of 2020 'Vo DISPOSING THE WP WITHOUT COSTS
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.