Sri Srinivasa Enterprises vs. Assistant Commissioner of State Tax

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.

In the legal proceedings discussed, several significant points have been raised. First, a senior counsel contends that the order in question was based on grounds not mentioned in the initial show cause notice. This suggests a deviation from the stated reasons for the action taken.

On January 5, 2024, the court issued an order allowing time for the learned Government Pleader to confirm whether the impugned order had indeed been signed. Additionally, the court requested an affidavit from the respondent No. 2, the Chief Commissioner of State Tax, Andhra Pradesh, detailing the actions taken following a previous directive issued in a related case (W.P.No.30109 of 2023, decided on November 21, 2023).

The November 21, 2023 order directed the Chief Commissioner to ensure that all relevant orders are signed manually or digitally before being uploaded. However, it is revealed that the impugned order in this case was not signed in either manner, as confirmed by the learned Government Pleader, Sri Shreyas Reddy.

These developments raise concerns regarding procedural irregularities and adherence to court directives. The discrepancy between the grounds cited in the show cause notice and those relied upon in the subsequent order adds complexity to the case. Furthermore, the failure to comply with the directive to sign orders before uploading them underscores issues with administrative processes within the State Tax department. These points will likely be central to the ongoing legal proceedings, as they call into question the validity and legality of the impugned order and highlight broader systemic issues that may require addressing.

The petitioner contends that the Chief Commissioner of State Tax, Andhra Pradesh (respondent No. 2), has issued directives through an official communication dated 15th December 2023, under the file number REV03-22021/7/2023-L1 SEC-CCT, instructing compliance with the order issued in W.P.No.30109 of 2023. A copy of this communication has been presented to the court. Consequently, the necessity of filing an affidavit by the Chief Commissioner, as per the order dated 5th January 2024, has been waived.

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