M/S.Vesture Softech Private Limited vs. Superintendent Of Central Tax And 4 Others

WP/35007/2022HC TelanganaGSTCNR HBHC01050100202212 September 2022Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN4 pages
AI SummaryDismissed

Facts

The petitioner, M/s. Vesture Softech Private Limited, filed a writ petition before the Telangana High Court challenging an Order in Original (O.R.No.140/2020-21-Ajn.(ST) ADC-Hyd GST) dated December 31, 2021, passed by the Additional Commissioner, Hyderabad GST Commissionerate. This order pertained to the financial year 2015-16. The petitioner sought to set aside the order, contending it was unsustainable in law, against principles of natural justice, and contrary to previous rulings of the High Court. The respondents included the Superintendent of Central Tax, Additional Commissioner, Joint Commissioner, Greater Hyderabad Municipal Corporation, and the Union of India. The petitioner also filed an interim application seeking a stay of further proceedings arising from the impugned order.

Held

The Court did not delve into the merits of the case or decide the issues raised. The learned counsel for the petitioner informed the Court that there were inadvertent mistakes in the writ affidavit and requested to withdraw the writ petition to file a fresh one. Consequently, the Court dismissed the writ petition as withdrawn, with liberty granted to the petitioner to file a fresh petition. No costs were awarded. The interim application was also dismissed as a sequel to the withdrawal of the main petition.

Key Issues

1. Whether the Order in Original No.140/2020-21-Ajn.(ST) ADC-Hyd GST dated 31.12.2021, passed by the Additional Commissioner, Hyderabad GST Commissionerate, for the year 2015-16, is unsustainable in law, against the principles of natural justice, and against the law laid down by this Honorable Court? Petitioner's Contention: The petitioner argued that the impugned order was unsustainable in law, violated principles of natural justice, and was contrary to established legal precedents. The petitioner did not elaborate on specific legal provisions or precedents in the provided text. Respondents' Contention: The respondents' contentions are not recorded in the provided judgment.

AI-generated summary — verify with the full judgment below

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Juri iction) MONDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 35007 OF 2022 Between: M/s. Vesture Softech Private Limited , 13436134135, Flal - 502, Pillar No.67, Laxmi Nagar, Langar Houz, Hyderabad - 500 028, represented by its Director, Sri A Hanumaiah ...PETrrtoNER AND '1 . Superintendent of Central Tax, Gudimalkapur Range, 10-3-301-303, Serene Heights, Second Floor, Humayun Nagar, Mehdipatnam, Hyderabad - 500 028. 2. Addltional Commissioner, Hyderabad GST Commissionerate, Office of the Principal Commissioner of Central Tax, GST Bhavan, LB Stadium Road, Basheerbagh, Hyderabad - 500 004. 3. Joint Commissioner, Hyderabad GST Commissionerate, Office of the Principal Commissioner of Central Tax, GST Bhavan, LB Stadium Road, Basheerbagh, Hyderabad - 500 004. 4. Greater Hyderabad Municipal Corporation, Represented by its Additional Commissioner (Elections), GHMC, Tank Bund Road, Hyderabad.

5.

The Union of lndia, represented by its Secretary, Ministry of Finance, Central secretari

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