Case Title | Sri Srinivasa Enterprises vs Assistant Commissioner of State Tax |
Court | Andhra Pradesh High Court |
Honorable Judges | JUSTICE RAVI NATH TILHARI |
Citation | 2024 (01) GSTPanacea 21 HC Andhra Pradesh WRIT PETITION NO.221 of 2024 |
Judgment Date | 10-January-2024 |
In a recent hearing, Sri Bhaskar Reddy Vemireddy, esteemed senior counsel representing the petitioner, and Sri Shreyas Reddy, learned Government Pleader for Commercial Tax, engaged in arguments regarding a writ petition filed under Article 226 of the Indian Constitution. The petition challenges an order issued in FORM GST 07 dated 04.08.2023, bearing DIN No. MA3708230062617.
Sri Bhaskar Reddy, speaking via virtual mode, raised a significant objection to the impugned order. He contended that the order lacks a signature, which renders it legally ineffective. According to him, an unsigned order holds no validity and cannot be enforced. To bolster his argument, he cited precedents from previous judgments of the coordinate bench of the Court, particularly referring to W.P.No.29397 of 2023 decided on 10.11.2023 and W.P.No.30109 of 2023 decided on 21.11.2023. In these cases, the court ruled that the provisions of Section 160 and 169 of the Goods and Services Tax Act, 2017 (GST Act, 2017) do not permit the dispensation of signatures. It was emphasized that the absence of a signature cannot be justified under the guise of these legal provisions.