FININ2MIN · JUDGMENT INTELLIGENCE
GST · F2J-C-2781

M/s Laxmi Chaitanya Enterprises v. Assistant Commissioner (State Taxes), Sangareddy-I Circle & Ors.

VALIDATED FULL-TEXT JUDGMENT
Court
Telangana High Court
Bench
Aparesh Kumar Singh; G. M. Mohiuddin
Case number
Writ Petition No. 27367 of 2026
Decision date
2026-08-20
Neutral citation
Not stated in retained copy
CNR
Not stated in retained copy
Disposition
Disposed With Directions.
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Two-minute summary

At the taxpayer's request, the High Court left all factual and legal grounds open for a statutory appeal. An appeal filed within two weeks with pre-deposit and a condonation request was directed to be considered under the governing law.

Material facts

Amarnath Reddy, learned counsel for the petitioner. The writ petition has been preferred against the show cause notice dated 03.06.2022 and the order in Form DRC-07 dated 21.08.2024 passed under Section 73 of the Central Goods and Services Tax Act, 2017 and Telangana Goods and Services Tax Act, 2017, for the tax period April 2019 to March 2020. Learned counsel for the petitioner submits that initially the State Tax authorities have issued show cause notice dated 03.06.2022 under Section 73 of the Telangana State Goods and Services Tax Act, 2017.

Issues

Court reasoning

However, since the petitioner has no knowledge about the same, it could not file any objections. Therefore, respondent No.1 passed the impugned order in Form GST DRC-07 on 21.08.2024. Since the petitioner was suffering from various health issues, it could not file reply to the said show cause notice.

Ratio / controlling principle

At the taxpayer's request, the High Court left all factual and legal grounds open for a statutory appeal. An appeal filed within two weeks with pre-deposit and a condonation request was directed to be considered under the governing law.

Operative order

4. However, after some arguments, learned counsel for the petitioner seeks liberty to the petitioner to prefer an appeal against the impugned order. He submits that some delay might have been occurred in approaching the appellate authority and therefore, he may be directed to consider it sympathetically. 8. The writ petition is accordingly disposed of with the aforesaid liberty. There shall be no order as to costs.

Statutes and provisions

Scope limits

Completeness and review

Source text
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PDF status
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Text-to-PDF match
Passed
PDF pages
2
Source words
692
Later history
Not verified — check the official court record for later history before reliance (as of 20 Sep 2026)
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Read the complete searchable judgment text
                    M/S. Laxmi Chaitanya Enterprises vs The Assistant Commissioner (State ... on 20 August, 2026







M/S. Laxmi Chaitanya Enterprises vs The Assistant



Commissioner (State ... on 20 August, 2026



                             IN THE HIGH COURT FOR THE STATE OF TELANGANA



                                             AT HYDERABAD







                 THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH



                                          AND



                         THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN







                                       WRIT PETITION No.27367 of 2026







                                                   Dated: 20.08.2026







         Between:



         M/s. Laxmi Chaitanya Enterprises,



         Rep., by its Proprietor, Mr. Nagi Reddy Daggula,



         Sangareddy, Telangana.



                                                                                                        ...Petitioner



                                                               and







         The Assistant Commissioner (State Taxes),



         Sangareddy-1 Circle, Nizamabad Division,



         Telangana and 6 others.



                                                                                                   ...Respondents







         ORDER:











Mr. K.P. Amarnath Reddy, learned counsel for the petitioner. Mr. Swaroop Oorilla, learned Special



Government Pleader appears for State Tax.







Mr. Dominic Fernandes, learned Senior Standing Counsel appears for Central Board of Indirect



Taxes and Customs (CBIC).







2. The writ petition has been preferred against the show cause notice dated 03.06.2022 and the



order in Form DRC-07 dated 21.08.2024 passed under Section 73 of the Central Goods and Services



Tax Act, 2017 and Telangana Goods and Services Tax Act, 2017, for the tax period April 2019 to



March 2020.







3. Learned counsel for the petitioner submits that initially the State Tax authorities have issued



show cause notice dated 03.06.2022 under Section 73 of the Telangana State Goods and Services



Tax Act, 2017. However, since the petitioner has no knowledge about the same, it could not file any



objections. Therefore, respondent No.1 passed the impugned order in Form GST DRC-07 on



21.08.2024. Meanwhile, respondent No.3, who is the Superintendent of Central Tax, has issued



show cause notice in Form GST DRC-01 dated 14.12.2023 seeking to impose tax and other dues



along with interest and penalty. Since the petitioner was suffering from various health issues, it



could not file reply to the said show cause notice. As such, respondent No.3 confirmed the demand







Indian Kanoon - http://indiankanoon.org/doc/28114057/                                                                   1



                    M/S. Laxmi Chaitanya Enterprises vs The Assistant Commissioner (State ... on 20 August, 2026







vide order dated 12.04.2024. Against the said order, the petitioner filed appeal before respondent



No.4 and the same was allowed on 05.02.2025. The petitioner has approached this Court alleging



that it has come to know about the liability vide impugned order dated 21.08.2024 only in the



month of July, 2026 on the intimation from the State Tax Department. It is also alleged that the



impugned order is unsigned.







4. However, after some arguments, learned counsel for the petitioner seeks liberty to the petitioner



to prefer an appeal against the impugned order. He submits that some delay might have been



occurred in approaching the appellate authority and therefore, he may be directed to consider it



sympathetically.







5. Learned Special Government Pleader for State Tax submits that the petitioner was at liberty to



prefer an appeal against the impugned order taking all the grounds as are available in law and on



facts before the appellate authority in respect of the subject tax period.







6. However, upon hearing the learned counsel for the parties, since the petitioner seeks liberty to



prefer an appeal, we do not wish to comment on the merits of the contentions raised by the parties.







7. We grant liberty to the petitioner to prefer an appeal within a period of two weeks with statutory



pre-deposit and a delay condonation application. The petitioner may take all such grounds of law



and facts in the memo of appeal as are available to it. Needless to say, the appellate authority would



consider the question of delay taking into account the aforesaid facts and circumstances and if he is



satisfied on the point of delay, proceed to decide the appeal on merits in accordance with law.







8. The writ petition is accordingly disposed of with the aforesaid liberty. There shall be no order as



to costs.







Miscellaneous applications pending, if any, shall stand closed.







____________________________ APARESH KUMAR SINGH, CJ



____________________________ G.M.MOHIUDDIN, J Date: 20.08.2026 ES



















Indian Kanoon - http://indiankanoon.org/doc/28114057/                                                              2



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