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Andhra Pradesh High Court - Amravati

Uber India Systems Private Limited vs Joint Commissioner Of Central Tax on 24 September, 2025

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

      IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                        (Special Original Jurisdiction)                           i
        WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER f
                     TWO THOUSAND AND TWENTY FIVE

                                      : PRESENT;                                            •   •   -




        THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
                                        AND

              THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

                     WRIT PETITION NO: 29829 OF 2023
Between:

       Uber India Systems Private Limited, represented through its authorized
       representative, Shri Siddharth Garg, S/o Shri Bhagwat Garg, Aged 38
      years. Having Office at 3'^'^ Floor, V-Mall, Facor Layout, Kailashmetta,
      Waltair Uplands, Vishakhapatnam-53003.
                                                                         ...Petitloner/s

                                        AND

   1. Joint   Commissioner      Of     Central    Tax,    Office   of     the   Principal
      Commissioner of Central Tax, Guntur CGST Audit Commissionerate,
      GST Bhavan, Port Area, Visakhapatnam 530 035
   2. Deputy Commissioner (Audit), Office of the Deputy Commissioner of
      Central Tax Visakhapatnam C.G.S.T. Audit Circle G.S.T. Bhavan, Port
      Area, Visakhapatnam 530 035
   3. Joint   Commissioner       of     Central    Tax,    Visakhapatnam          CGST

      Commissionerate, GST Bhavan, Port Area, Visakhapatnam 530001.
   4. Additional Commissioner of Central Tax, Visakhapatnam CGST
      Commissionerate, GST Bhavan, Port Area, Visakhapatnam 530001.
                                                                        ...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 issue an appropriate writ, order, or direction more particularly:
         (i) A writ of Certiorari or any other order or direction calling for the
records in the Impugned Report issued by the Respondent No. 2 and the
subsequent Order-in- Original No. VSP-CGST-ADC-25-2023-24                    dated    27

December 2023 and quash and set aside the proceedings and the Impugned
Report, as being arbitrary and violative of Article 14 of Constitution of India,
1950;


        (ii) A writ of Certiorari or any other order or direction calling for the
records in the Impugned SCN issued by the Respondent No. 1 and quash and
set aside the proceedings and the Impugned SCN, as being illegal and bad in
law:



       (iii) A writ of Mandamus or any other order or direction prohibiting and
restraining the Respondents and their officers, agents and servants from
seeking to enforce any precipitous action under the Impugned Report or
Impugned SCN:


        (iv) Costs of the petition;

        (v) Any other order which this Hon'ble Court may deem fit in the interest
of justice, equity and good conscience.

        (Main Prayer amended as per Court Order Dt: 07.03.2024 vide
i.A.No.1 of2024)


lA NO: 2 OF 2023:


        Petition   under   Section    151   CPC.   is filed   praying that    in     the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to grant interim relief in the form of a direction to the
Respondent No. 4 to refrain from giving effect to the Impugned Report dated
28 September 2023 and consequential proceedings including the Impugned
SCN dated 30 September 2023 and the Impugned OlO dated 27 December
2023 and to refrain from initiating any precipitative or coercive action in
      furtherance of the Impugned SCN dated 30 September               2023 and    the

     Impugned 010 dated 27 December 2023 or pass such other order which this
 /   Hon'ble Court may deem fit in the interest of justice, equity and good
//
     conscience."


           As such, it is just and necessary that this Hon'ble Court may be pleased
     to permit the Petitioner to amend the Writ Petition as stated above, else the
     Petitioner will be put to irreparable loss.

           Interim Prayer in Writ Affidavit and in I.A.No.2 of 2023 amended as

     per Court Order Dt: 07.03.2024 vide I.A.No.3 of 2024

           The petition coming on for hearing, upon perusing the Petition and the
     affidavit filed in support thereof and the earlier order of the High Court dated

     22.03.2024, 13.11.2024, 20.11.2024, 27.11.2024, 11.12.2024, 05.02.2025,
     02.04.2025, 07.05.2025, 25.06.2025 , 09.07.2025, 30.07.2025 & 03.09.2025
     made herein and upon hearing the arguments of Sri SAI                SUNDEEP

     MANCHIKALAPUDI Advocate for the Petitioner and of Smt                  SANTHI

     CHANDRA (Standing Counsel for CBIC), Advocate for the Respondent Nos. 1
     to 4 and the Court made the following;


     ORDER:

"Poston 08.10.2025.

Interim order granted earlier shall stand extended till 15.10.2025.

SDI- U. SRIDEVl //TRUE COPY// assistan^^^istrar 'Action officer To,

1. One CC to Sri. SAI SUNDEEP MANCHIKALAPUDI, Advocate [OPUC]

2. One CC to M/s SANTHI CHANDRA (Standing Counsel for CBIC), Advocate [OPUC]

3. Two spare copies. HIGH COURT RRR, J & TCDS, J DATED: 24.09.2025 Poston 08.10.2025.

ORDER WP.N0.29829 Of 2023 •t.

INTERIM ORDER EXTENDED o t o.