M/s M.A.Enterprises, v. ASSISTANT COMMISSIONER (STATE TAX)
WP/4866/2025 · 2025-03-05
K Manmadha Rao, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8358 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8358 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010089052025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY, THE FIFTH 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 NO: 4866/2025 Between: M/s M.a.enterprises, ...PETITIONER AND Assistant Commissioner State Tax and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. J.N VENKATA SURESH KUMAR Counsel for the Respondent(S):
1. GP FOR COMMERCIAL TAX The Court made the following Order:(per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri J. N. Venkata Suresh Kumar, learned counsel for the petitioner and the Learned Government Pleader for Commercial Tax appearing for the respondents. 2. The present Writ Petition has been filed challenging the cancellation of registration of the petitioner under the Goods and Services Tax Act, 2017, by an Order, dated 30.10.2024, on the ground of non-filing of the
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returns and non-payment of taxes. Thereafter, an application for revocation was also dismissed. Aggrieved by the said Order of cancellation dated 30.10.2024, the petitioner has now approached this Court, by way of the present Writ Petition. 3. In a similar circumstance, this Court, by an Order, dated 16.10.2024, in W.P.No.18308 of 2024, had disposed of the Writ Petition with certain directions. 4. Following the said Judgment, this Writ Petition is disposed of with the following directions: 1) The petitioner shall file an application for revocation. 2) The petitioner shall also file draft returns which the petitioner proposes to file in the event of the registration of the petitioner being restored. 3) The petitioner shall also deposit all taxes due on or before 24.03.2025. 4) The 1st respondent, who is the Registering Authority-cum-Assigning Authority shall receive the payment of such taxes prior to considering the application for revocation. 5) The 1st respondent shall consider the application of the petitioner for revocation and pass orders within 15 days from the date of receipt of the application. 6) In the event of the 1st respondent accepting the plea of the petitioner, the registration of the petitioner shall be restored and the petitioner shall file all the returns due till that date. 3 RRR,J & Dr.KMR,J W.P.No.4866 of 2025
7) In the event of any difficulty for the petitioner to file the application online, the same can be filed manually and the 1st respondent shall accept such manual filing.
There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. _______________________ R RAGHUNANDAN RAO, J
_________________________
DR. K. MANMADHA RAO, J
Date: 05.03.2025 KPV
4 RRR,J & Dr.KMR,J W.P.No.4866 of 2025
165 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR. JUSTICE K MANMADHA RAO
WRIT PETITION No.4866 of 2025 (per Hon’ble Sri Justice R Raghunandan Rao)
05.03.2025
KPV