Kota Saree Bhandar vs. Assistant Commissioner (St)

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WP/30881/2026HC TelanganaGSTCNR HBHC01062733202618 September 2026Bench: APARESH KUMAR SINGH,VAKITI RAMAKRISHNA REDDY6 pages
For Petitioner: Sri. Rahul Sharma, representing Ms. Akruti GoyalFor Respondent: Sri. Swaroop Oorilla, Special Govt, Pleader For State Tax
AI SummaryRemanded

Facts

The petitioner, Kota Saree Bhandar, approached the Telangana High Court challenging an Order in Original and proceedings in Form GST DRC-07, along with a Show Cause Notice in Form DRC-01. These were issued by the Assistant Commissioner (ST) under Section 73 of the GST Act for the tax period 2020-21. The petitioner contended that these notices and orders were a nullity, issued in violation of natural justice and unsustainable on merits. The petitioner claimed ignorance of the proceedings due to their tax consultant's failure to inform them, only becoming aware after engaging a new consultant. The impugned order was dated 22.02.2025, and the Show Cause Notice was dated 17.05.2024.

Held

The Court did not delve into the merits of the contentions raised by either party. Instead, acknowledging the petitioner's request to prefer an appeal, the Court granted liberty to the petitioner to file an appeal against the impugned order within two weeks. This appeal was to be accompanied by a statutory pre-deposit and a delay condonation application. The Court directed that the appellate authority should consider the explanation for the delay sympathetically and, if satisfied, proceed to decide the appeal on its merits in accordance with the law. The Court explicitly stated that it did not wish to comment on the merits of the case. The Writ Petition was disposed of with this liberty granted to the petitioner.

Key Issues

1. Whether the impugned notices and order issued under Section 73 of the GST Act for the tax period 2020-21 are a nullity due to alleged violations of the principles of natural justice and being unsustainable on merits? Petitioner's Contention: The petitioner argued that the impugned notices and order were nullities because they were issued in violation of the principles of natural justice and were unsustainable on merits. They also claimed to have been unaware of the proceedings due to their tax consultant's negligence. Revenue's Contention: The revenue submitted that the petitioner was at liberty to prefer an appeal against the impugned order, taking all available grounds of law and fact before the appellate authority.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[3518 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH AND THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION NO: 3088'l OF 2026 Between: Kota Saree Bhandar, Rep. by its Proprietor, Mr. Praveen Chand Agaruual, Son of Late Shri Mamchand Agarwal, Khajanchi Building, 14-4-113, Begumbazar Chatri, Begum Bazar, Hyderabad, Telangana, 500012 GSTIN 36AAVPC7620HlZJ ... Petitioner AND '1 . Assistant Commissioner (ST), Goshamahal Circle' Golconda Division, Room No.204,2nd Floor, Hermitage Office Complex, Hill Fort Road, Adarsh Nagar, Hyderabad 500 004 2. State of Telangana, rep. by its Chief Secretary, and Special Chief Secretary to Government (FAC), State Tax Department, Secretariat, Hyderabad 3. Union of lndia, , rep. by its Secretary, tt/linistry of Finance, Jeevan Deep Building, 31d Floor, Sansad Marg, New Delhi-110 001 4. Central Board of lndirect Taxes and Customs' GST Policy Wing, Government of lndia, Ministry of Finance, New Delhi, rep. by its Commissioner (GST). ...Respondents Petition under Anicle 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ of Mandamus or any other appropriate writ or order or direction set aside the order in original along with proceedings in Form GST DRC-07 vide Ref. No. 2D3602250654594dated 22.2.2025 and show cause Notice along with Form DRC-o1 dated 17.05.2024 issued by the Respondent under section 73 of the Act for the tax period 2o2o-21 as being nullity on the ground that the impugned notices and orders are issued in violation of principles of natural justice and also unsustainable on merits. l.A. NO: 1OF 2026 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 pleased to grant stay of all further proceedings pursuant to set side the Order in Original along with proceedrngs in Form GST DRC-07 vide Ref No 2D3602250654594dated 22.02.2025 and Show Cause Notice along with Form DRC-O1 daled 17.05.2024 issued by the '1st Respondent under Section 73 of the Act for the tax period 2020- 2l pending disposal of the Writ Petition as otherwise the Petitioner will be put to severe loss and hardship. Counsel for the Petitioner: Sri. Rahul Sharma, representing Ms. Akruti Goyal Counsel for the Respondent Nos.1 & 2: Sri. Swaroop Oorilla, Special Govt Pleader For State Tax Counsel for the Respondent No.3: SC for Central Government

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD The Hon'ble The Chief Justice Sri Anaresh Kumar Sinsh and The Hon'ble Sri Justice Vakiti Ramakrishna Reddv Writ Petition No.30881 of 2026 (CNR No. H 8HC010627332026) Dated:18.09.2026 Belween: Kota Saree Bhandar Rep. by its Proprietor Mr. Prayeen Chand Agarwal S/o late Shri Mamchand Agarwal. and Assistant Com m issioner (ST) Goshamahal Circle, Colconda Division, Room No.204,2"d Floor, Hermitage Office Complex, Hill Fort Road, Adarsh Nagar, Hyderabad - 500004 and 3 others Order: ...Petitioner .,.Respondents Mr. Rahul Sharma, learned counsel represents Ms. Akruti Goyal, learned counsel for the petitioner Mr. Swaroop Oorilla, learned Special Government Pleader for State Tax appears for respondents No.l and 2. 2. This Writ Petition is filed for the following relief: '-to issue a Writ of Mandatrus or any other appropriate writ or order or direction set asrde the Order in Original along with proceedings in Form GST DRC-07 vide Ref. No. 2D3602250654594 dared 22.02.2025 and Show Cause Notice along with Form DRC-01 darecl l?.05.2024 issued by the I" Respondent under Sectron 7l of rhc Act fbr the tax period 2020-21 as being nullity on the ground that rhe impugned notices and orders are issued in violation of princrples of natural justice and also unsustainable on merits and pass such ofier order or ordgrs as the Hon'ble Court may deem flt and proper in the circumstances of the case."

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3.

The petitioner has approached this Court alleging that its accounts and GST compliances are being handled by the tax consultant, who failed to inform the petitioner about the irnpugned proceedings and only after a new tax consultant r.,"as engaged, petitioner came to know about the same

4.

Florveve r, after some arguments, leamed counsel for the petitioner seeks liberty to the petitioner to prefer an appeal against the impugned order. He submits that some delay might have been occurred in approaching the appellate authority and therefore, he may be directed to consider it sympathetically.

5.

Learned Assistant Govelnment Pleader for State l'ax subrnits that the petitioner is at liberty to prefer an appeal against the impugned order taking all the grounds as are available to it in larv and on facts belore the appellate authority in respect of the subject tax period

6.

Upon hearing the learned counsel for the panies, since the petitioner seeks liberly to prefer an appeal, we do not wish to comment on the rnerits of the contentions raised by the panies

7.

Horvever, u'e grant liberty to the petitioner to prefer an appeal within a period of two weeks with statutory pre-deposit and a delay

3 condonation application. The petitioner may take all such grounds of law and facts in the memo of appeal as are available to it. Needless to say, the appellate authority would take into account the explanation for delay and if it is satisfied on the poinr ofdelay, proceed to decide

the appeal on merits in accordance with law.

8.

The Writ Petition is disposed of with the aforesaid liberty. However, there shall be no order as to costs. Miscellaneous applications. if any pending, shall stand closed. P. PRAMOD NAIK ASSISTANT REGISTRAR //// t. :\, To, sEcrls/fi oFFtcER

1.

The Assistant commissioner (ST), Goshamahar circre, Gorconda Division, Room No. 204,2nd Floor, Hermitage Office Complex, Hi Fort Road, Adarsh Nagar, Hyderabad 500 004

2.

The Chief Secretary, and Special Chief Secretary to Government (FAC,;. State Tax Department Secretaria.t, Hyderabad, State cf Tetangana.

3.

The Secretary, Union of lndia, Ministry of Finance, Jeevan Deep Building, 3.1d Floor, Sansad [\ilarg, New Delhi-1 10 001

4.

The commissioner (GST), centrar Board of rndirect raxes and customs, GST Policy Wing, Government of lndia, Ministry of Finance, New Delhi_

5.

One CC to SRl. AKRUTI GOYAL, Advocate tOpUCl

6.

Two ccs to the Swaroop oorila, speciar Govt preader for state Tax, High Court for the State of Telangana at Hyderabad. [OUT]

7.

Two CD Copies PSR GJP

HIGH COURT DATED: 1810912026 ORDER WP.No.30881 of 2026 DISPOSING OF THE WRIT PEITITON WITHOUT COSTS. Nl1- t_ .5 aa +,. (,) O. ( 3 ' SEP 2P6 ('!'zt. i. t'l \:\ ,6,.ti:.?-.14:; :::J=" >elql>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.