M/S Dhanush Healthcare Systems Private Limited vs. The State Tax Officer
Facts
M/s Dhanush Healthcare Systems Private Limited (Petitioner) filed a writ petition challenging an order dated 25.02.2025 passed by the State Tax Officer (Respondent No. 1) under the Telangana Goods and Services Tax Act, 2017, for the tax period 2020-21. The Petitioner sought to quash the summary of the order in Form GST DRC-07 and its attachment, along with the show cause notice in Form GST DRC-01 and its attachment dated 29.01.2024. The Petitioner contended that these orders were arbitrary, bad in law, barred by limitation, without jurisdiction, and lacked valid reasons. The Petitioner also sought a stay on all further proceedings, including recovery, pursuant to the impugned order.
Held
The Court held that the impugned order dated 25.02.2025 is set aside. This decision was reached based on a consensus arrived at between the parties. The core of the agreement was that the final order was passed on 25.02.2025, and therefore, the show cause notice should have been issued by 28.11.2024. Since the notice was issued beyond this date, it was considered to be beyond the limitation period. The Court explicitly referenced its prior order in W.P. No. 9924 of 2025 dated 03.04.2025 as a basis for setting aside the order. The reasoning is that an order passed pursuant to a show cause notice issued beyond the statutory limitation period is invalid. The operative direction was to set aside the impugned order. No costs were awarded. Pending interlocutory applications were also closed.
Key Issues
1. Whether the show cause notice dated 29.01.2024 and the consequential order dated 25.02.2025, issued under the Telangana Goods and Services Tax Act, 2017, are barred by limitation, thereby rendering them without jurisdiction and void? Petitioner's Arguments: The Petitioner argued that the final order was passed on 25.02.2025. Consequently, the show cause notice could only have been issued up to 28.11.2024. Since the notice was issued beyond this permissible date, it is barred by limitation. The Petitioner relied on this Court's previous order in W.P. No. 9924 of 2025 dated 03.04.2025, which presumably dealt with similar issues of limitation. Respondents' Arguments: The judgment records no specific arguments from the respondents regarding the limitation period or the validity of the notices and orders.
Sections Cited
Section 73
AI-generated summary — verify with the full judgment below
[ 3446 ] HiGH GouRr.?T I?ED:ItffioF TELANGANA (SPeciai original Juri iction) THUR AY ,THE FIRST DAY OF MAY rWO iUOUSNND AND TWENTY FIVE PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE SMi JUSTICE RENUKA YARA WRIT PETITION NO: 13836 oF 2025 Between: Ir//s Dhanush Healthcare Systems Private . Limitecl R/o 1-8-448' 6th Floor' takshmi Butidings, Sp'h;"ii'A;i;umpet, Hyderah;d - 500 003' Telangana Reoresented oV its oirelxi"ivrir.Slii'o,ji uri'chandrima, w/o. Mr. Dendukurr ij;xi;;;;;t;. ;'uu rtnv ...PETITiONER AND ^'ill"":ltil%:{'F"'i3&:H8",'-?:'i'3:#ll'"};6if -1b%%?.1'f JlSi['"",
State of Telangana' Represented bV its PrinciPg-l Secretary to Government' ' H;r;^;" (cr-irl oeri""'rii'"ni' Secrcitariat' Hvderabad' ...RESPONDENTS PetitionunderArticle226ollheConstitution.oflndiaprayingthatinthe circumstances stated in ,i" ,if,ir",tlifeO inerewitfr. the High Court may be oleased to issue a writ oirrilniJt" or. any other appropriate Writ' order or birection. A. order uls za oi in" Ct"ot ""4 Services Tax Acl' 2017 ' Summary of the order in Form GST D;;:fi';;"nttl"r''"nt to Form GST DRc-07' all dated 25.02.2025, and passed o-vinl-is Respondent' under the pro
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
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.