M/s. B. Chinna Narayana, v. The Assistant Commissioner (State Tax),
WP/7712/2021 · 2025-03-26
K Manmadha Rao, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11404 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11404 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010241242021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nos: 7638, 7712, 7827, 7922, 13921 & 13987 of 2021
WRIT PETITION NO: 7638/2021 Between: M/s. Distributory Committee No.-1, ...PETITIONER AND The Assistant Commissioner State Tax and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. G NARENDRA CHETTY Counsel for the Respondent(S):
1. GP FOR COMMERCIAL TAX
2. Asst Solicitor General
3. GP FOR IRRIGATION COMM AREA DEV The Court made the following common order: (per Hon’ble Sri Justice R Raghunandan Rao)
The issues raised in this batch of cases, namely recovery of tax payable under the APVAT Act/ GST Act, from various Government departments, had come up before this Court in W.P.No.9306 of 2022 & batch. A Division Bench
2 RRR, J & Dr. KMR, J W.P.No.7638 of 2021 & batch
of this Court, by Judgment, dated 17.09.2024, had disposed of the said batch of cases with certain directions. 2. As the issues of law raised in the present set of cases are similar to the facts and issues raised in the earlier batch of cases, these Writ Petitions are being disposed of, with a direction to the respective departments to ascertain and release the G.S.T. amount payable to the petitioners, on account of the contracts executed by them on or before 01.07.2017. The said exercise should be completed within a period of four (04) months from the date of receipt of this order. As far as the interest and penalty are concerned, it would be open to the petitioners to approach the appropriate authority under the G.S.T. Act for remission of payment of interest or penalty, taking into account the special circumstances of these cases and after taking into account the fact that non payment is said to be on account of the default of the Government agencies in paying the G.S.T. in time. 3. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. _______________________ R RAGHUNANDAN RAO, J
_______________________ Dr. K MANMADHA RAO, J
Date: 26.03.2025 MJA
3 RRR, J & Dr.
KMR, J W.P.No.7638 of 2021 & batch
88
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE Dr. K MANMADHA RAO
WRIT PETITION Nos: 7638, 7712, 7827, 7922, 13921 & 13987 of 2021 (per Hon’ble Sri Justice R Raghunandan Rao)
26.03.2025
MJA