Gmr Energy Limited vs. The Assistant Commissioner State Tax
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Order Issued After Hearing
Purpose:
For Hearing
Before:
Hon'ble R Raghunandan Rao , Maheswara Rao Kuncheam
Listed On:
22 Jan 2025
Original Order Copy
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Order Text
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV I/ (SPECIAL ORIGINAL JURISDICTION) ,r= WEDNESDAY, THE TWENTY SECOND DAY OF JANUAR+`
ll^/O THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAIVI WRIT PETITION NO: 12608 OF 2023
Between.I
M/s GMR Energy Liml-ted, 220 MW Barge Mounted Power plant Opposite commI-SSiOner Of Ports ADB Road KakI-nada East Godavari Andhra pradesh 533001 Rep by its Authorised signatory Mr Sanjay Gulati AIso at. Building No. 302. 1st FLOOR, New Shakti Bhawan, udaanBhawan complex, Opposl-te Terminal 3, IGI Airport, New Delhi-110037.
...Petl-tioner
AND
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- The Assistant commissioner state Tax, State Tax, Kakinada port circle Do.No.10-355 3rd FIoor C.T. Complex, Pithapuram High Road Ramanayyapeta, E.G. DI-St Kakinada Andhra Pradesh 533005
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- JoI-nt Commissioner state Tax, Kakl'nada circle D.No.10-3551st Floor c.T. Complex pithapuram High Road RamanayyapetaE.G.Dist Kakinada Andhra Pradesh 533OO5
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- Commissl-oner state Tax, GST Refunds Door No.12-468-4, Adjacent To NH-16,Service Road, Kunchanapally, Guntur District Andhra pradesh-522501
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- Deputy .commissl'oner (sT), Regional GST Audit and Enforcement office First Floor, VMRDA Block B Vl'sakhapatnam.
- The Chief Commirtyssioner of state Tax, Door No.12-468-4, Adjacent To NH-16,Service Road, Kunchanapally,Guntur District Andhra Pradesh-522501
...Respondents
Petition under Article 226 of the Constitution of India is filed Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order, direction, writ, more Particularly on in the nature of writ of Mandamus declaring the actl-ons of the Respondents, more partI'Cularly, Respondent No.1 in seeking to recover the disputed amount of tax by issuI-ng letter dated 01.05.2023 especially when the maI-n Writ Petl-lion bearing W.P.No. 9078 of 2023 is Pending for adjudication as being illegal, arbitrary, unconstitutionaI, contrary to the provisions of APGST Act, 2017 and directly in violation of PrI'nCI'PleS Of natural justice and consequently set aside the letter dated 01.05.2023 issued by the Respondent No.1.
JAIO: 1 OF 2Q2±
I
Petition under section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the operation of the letter dated o1.05.2023 thereby restrain the Respondents from takl-ng any coercive steps, pending disposal of WP.No.12608 of 2023, on the file of the High Court.
The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and the orders dated 10.05.2023I 23.06.2023) o3.07.2024I 14.08.20241 04.09.2024,19.09.2024, 25.09.2024, 23.10.2024, 13.ll.2024 & ll.12.2024 made herein and upon hearing the arguments of sri D.S.Sivadarshan, Advocate for the petitioner and GP for State Tax for the Respondents, the court made the following RDER:
ff At request of -the learned Government PIeader for Commercial Tax, post on O5|02.2025l
Interim order granted earlier in W.P.No.12608 of 2023 shall stand extended till 12.02.2025."
SD/- M.SRINIVAS ASSISTAN 5FFcaSTRAR OFFICER
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//TRUE COPY// SE
Tol
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- One CC to Sri.D.S.Sivadarshan, Advocate [OPUC]
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- Two CCs to GP for State Tax, High Court of Andhra Pradesh. [OUT]
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- Two spare copies.
ER
HIGH COURT
RRR, J $&$ MRK, J
DATED: 22/01/2025
POST ON 05.02.2025
ORDER
WP.No.12608 of 2023
INTERIM ORDER EXTENDED
