Andhra Pradesh High Court - Amravati
Uber India Systems Private Limited vs Joint Commissioner Of Central Tax on 30 July, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHi^
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH DAY OF JULY,
TWO THOUSAND AND TWENTY FIVE
: PRESENT;
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 29829 OF 2023
Between:
Uber India Systems Private Limited, represented through its authorized
representativev Shri Siddharth Garg, S/o Shri Bhagwat Garg, Aged 38
rd
years, Having Office at 3 Floor, V-Mall, Facor Layout, Kailashmetta,
Waltair Uplands'^; Vishakhapatnam-53003.
...Petitioner/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
f 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 lyiandamus 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 of 2024)
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 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;
At request of learned counsel for the petitioner, post on
20.08.2025.
Interim direction granted earlier shall stand extended till
03.09.2025.
SDI- P. VINOD KUMAR
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION 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
&
JS, J
DATED: 30.07.2025.
A
post on 20.08.2025.
ORDER
WP.N0.29829 Of 2023 ■ ; tL-J INTERIM ORDER EXTENDED