Dinesh Naik Rathod vs. The Assistant Commissioner (St)

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WP/11813/2025HC TelanganaGSTCNR HBHC01023544202522 April 2025Bench: SUJOY PAUL,RENUKA YARA4 pages
For Petitioner: SRt VENKATRAM REDDY MANTUR
AI SummaryDismissed

Facts

The petitioner, Dinesh Naik Rathod, proprietor of M/s Balaji Fertilizers, challenged an order dated 30.12.2023, including a summary in Form GST DRC-07 and proceedings, passed by the Assistant Commissioner (ST), Adilabad. This order levied SGST/CGST/IGST and penalty for the tax period 2017-18 under Section 73(10) of the TGST Act, 2017. The petitioner contended that the order and the preceding show cause notice lacked physical or electronic signatures. Furthermore, the petitioner argued that no proper opportunity of being heard was provided, and Form GST DRC-01A, as contemplated under Rule 142(1A) of the Rules, 2017, was not issued. The petitioner sought to declare these actions arbitrary and in violation of statutory provisions and principles of natural justice.

Held

The Court did not delve into the merits of the case. The learned counsel for the petitioner, Sri Venkatram Reddy Mantur, sought permission to withdraw the writ petition. The petitioner requested liberty to file a properly constituted petition. The Court allowed this prayer. Consequently, the writ petition was dismissed as withdrawn. No costs were awarded. Any pending miscellaneous petitions were also ordered to stand closed.

Key Issues

1. Whether the order dated 30.12.2023, summary in Form GST DRC-07, and proceedings dated 30.12.2023, levying SGST/CGST/IGST and penalty for the tax period 2017-18, are arbitrary and contrary to the provisions of the TGST Act, 2017, and in violation of the Principles of Natural Justice and Rule of Law, as argued by the petitioner. This issue turns on Section 73(10) of the TGST Act, 2017, and Rule 142(1A) of the Rules, 2017. Petitioner's arguments: The petitioner argued that the adjudication order and the show cause notice lacked physical or electronic signatures. Additionally, the petitioner contended that a proper opportunity of being heard was not provided, and Form GST DRC-01A was not issued as required by Rule 142(1A). These procedural lapses, according to the petitioner, rendered the impugned order arbitrary and violative of constitutional provisions (Articles 14, 19(1)(g), and 265) and principles of natural justice. Revenue's arguments: The judgment does not record any specific arguments made by the respondents.

Sections Cited

Section 73(10), Rule 142(1A)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
l .-,,-- 434461 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMT JUSTICE RENUKA YARA WRIT PETITION NO: 11813 OF 2025 Between: Dinesh Naik Rathod, S/o Rathod Shivalal, Age 42 years, Occupation. Business, (Proprietor of M/s Balaji Fertilizers), 71613, NH-7 Road, Echoda, Adilabad' Telangana' 5o43o7' ...pETrroNER AND 1. The Assistant Commissioner (ST), Adilabad, Adilabad Division, H.No. 9-6, 2nd Floor, Chandra Hero Complex, Sai Nagar, Dasnapur, Adilabad - 504001. 2. The State of Telangana, Rep. by its Principal Secretary, Revenue (CT) Department, Telangana Secretariat, Hyderabad. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ or Order or Direction declaring the action of the 1st Respondent in passing the Order daled 30.12.2023, Summary of the Order in Form GST DRC-07 dated 30.12.2023, and Proceedings dated 30.12.2023, levying SGST/CGSTiIGST under Section 73(10) of the TGST Acl 2017 and Penalty for the tax period 2017-18, that too without any physical or electronic signature both on the show cause notice as well as the adjudication order as well as without providing proper opportunity of being heard and without even issuing Form GST DRC-0'IA as contemplated under Rule 142(14) of the Rules, 2017,as arbitrary, contrary to the provisions of the TGSTAcI 2017, in violation of Principles of Natural Justice and Rule of Law and contrary to Article 14, 19(1 )(g) and 265 of the Constitution of lndia. 1A NO: 1 OF 2025 Petition under liection ',l5'1 cpc praying that in the circumstances stated in the affidavit liled in s upport of the petition, the High court may be pleased to suspend the operaticn of the order dated 30.12-2023, summary of the order in Form GST DRC-07 dated 30.12.2023 and proceedings dated 30.t2.2023passed by the '1st Responde'rt, for the tax period 2017-18, under the T,tiST Act 2O17, pending disposal of tr: above writ Petition, as otherwise, the petitioner will be put to severe loss and ha rCship. Counsel for the Petitioner: SRt VENKATRAM REDDY MANTUR Counsel forthe Respondents: SRI A.KRANTI KUMAR REDDy, Special Govt Pleader for State Tax

The Court made the following: ORDER

: To THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION No.11813 of 2o25 ORDER: (Per the Hon'ble the Acting Chief Justice Sujoy Paul) Sri Venkatram Reddy Mantur, learned counsel for the petitioner, seeks to withdraw this writ petition with the liberty to the petitioner to file a properly constituted petition.

2.

Prayer is allowed

3.

Accordingly, the writ petition is dismissed as withdrawn with the liberty prayed for. No order as to costs. Miscellareous petitions pending, if any, sha1l stand closed. SO/.A. SRINIVASA REDDY ASSISTANT REGISTRAR //// SECTION OFFICER

1.

One CC to SRI VENKATRAM REDDY MANTUR, Advocate IOPUCI

2.

One CC to SRI A.KRANTI KUIMAR REDDY, Special Govt Pleader for State Tax [OPUC]

3.

Two CD Copies PSK. LS

HIGH COURT DATED:2210412025 s tt t= h. i\ l? ,1 ORDER WP.No.11813 of 2025 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS r' il\q\e{

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.