Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : APHC010307362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3591] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 16475/2026 Between: 1. M/S. GINNE INDUSTRIES, D.NO. 21-2-20, BLOCK NO. 2, YERRAMITTA, KAJIV NAGAR, REVENUE WARD -21, TIRUPATHI CHITTOOR DISTRICT, ANDHRA PRADESH REP. BY ITS PROPRIETOR SRI. BAIAJI ANIL GINNE, S/O. VENKAESWARLU GINNE, AGED ABOUT 36 YEARS, R/O. TIRUPATI, ANDHRA PRADESH. ...PETITIONER AND 1. THE ASSISTANT COMMISSIONERST, TIRUPATI -II CIRCLE, TIRUPATI, ANDHRA PRADESH. 517501 2. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (CT) DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.522237 3. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF FINANCE, 4TH FLOOR, A-WING, SHASTRI BHAWAN, NEW DELHI- 110001 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 RRR, J & GTK, J W.P.No.16475 of 2026 pleased topleased to issue an appropriate writ, order or direction particularly in the nature of Writ of MANDAMUS declaring the Impugned composite Order of adjudicating authority -1 Respondent herein passed in Form GST DRC -07 dated 03-06-2026 in DIN 3703062652892 in RFN MA370626005122A levying tax, interest and penalty under section 74 of GST Act, 2017 for the tax periods 2020- 21, 2021-22, 2022-23, 2023-24 and 2024-25, the present writ petition is advised to be filed as illegal, arbitrary. Improper, unjust and unfair, violative of principles of natural justice, without authority and jurisdiction and also contrary to the provisions of the GST Law 2017 , as also barred by limitation and passed the order in a composite manner which is not permissible under law and in the teeth of the order of this Honble Court in W.P. No. 11028/2025 dated 17-09-2025 as also violative of articles 14, 19(1)(g), 21, 265 and 300-A of the Constitution of India and consequently to set aside the impugned order dated 03-06-2026 and pass IA NO: 1 OF 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 stay all further proceedings in pursuance to the Impugned composite Order of adjudicating authority -1st Respondent herein passed in Form GST DRC -07 dated 03-06-2026 in DIN 3703062652892 in RFN: MA370626005122A under section 74 of GST Act, 2017 for the tax periods 2020-21, 2021-22, 2022- 23, 2023-24 and 2024-25 pending disposal of the writ petition else the Petitioner would be put to severe loss and hardship and pass Counsel for the Petitioner: 1. V Y PRABHUVU Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 3 RRR, J & GTK, J W.P.No.16475 of 2026 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri V.Y. Prabhuvu, learned counsel for the petitioner and learned Government Pleader for Commercial Taxes, appearing for the respondents. 2. The petitioner is a registered Company, which has been served with an order of assessment, dated 03.06.2026 passed by the 1st respondent. This order of assessment covers the period from 2020-21 to 2024-25. 3. The petitioner, after having raised various grounds of challenge, has pressed the ground that, a single order of assessment, issued for more than one financial year, would be violative of the provisions of Section 73 and Section 74 of the GST Act, 2017, and consequently, set aside the impugned order of assessment. 4. A Division Bench of this Court, in W.P.No.11028 of 2025 & batch, after considering the said question, had held that, a single show-cause notice or a single composite assessment order, cannot be passed, in relation to more than one tax period of either a month if the assessment is taken up before the due date for filing of the annual return or for more than one year if the due date for filing of annual return has been reached. 5. The petitioner has raised various grounds of challenge. However, the petitioner is pressing the primary ground of the order of assessment being a composite order of assessment. In that view of the matter, the present Writ 4 RRR, J & GTK, J W.P.No.16475 of 2026 Petition is being disposed of, on this ground of challenge, leaving open the other grounds of challenge. 6. Accordingly, this Writ Petition is disposed of, setting aside the impugned order of assessment, dated 03.06.2026 and remand back to the respondents, leaving it open to the respondents to initiate fresh proceedings, for each assessment year separately. All issues are left open to be adjudicated before the Assessing Authority. 7. Needless to say, the period from the date of issuance of the impugned order of assessment till the date of receipt of this order shall be excluded for the purposes of limitation. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________________ TUHIN KUMAR GEDELA, J Date:24.06.2026 MJA Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 RRR, J & GTK, J W.P.No.16475 of 2026 64 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 16475/2026 (per Hon’ble Sri Justice R. Raghunandan Rao) Date:24.06.2026 MJA