Andhra Pradesh High Court - Amravati
M/S Veerabhadra Gowd Industries vs The Appellate Deputy Commissioner on 16 October, 2020
Bench: C.Praveen Kumar, J. Uma Devi
[ 3058 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE SIXTEENTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY :PRESENT: ee THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR - AND THE HONOURABLE Ms JUSTICE J. UMA DEVI WRIT PETITION NO: 17895 OF 2020 Between: M/s B.Veerabhadra Gowd Industries, 17/104, APMC Road, Adoni - 518 301, Kurnool District, State of Andhra Pradesh, Rep. by its Proprietor, Mr.B.Veerabhadra Gowd ...Petitioner AND The Appellate Deputy Commissioner (CT), Tirupathi Division, Tirupathi. The Commercial Tax Officer-II, Adoni, Kurnool District. The Commissioner of Commercial Taxes, Andhra Pradesh at Vijayawada. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (CT) Department, Velagapudi, Amaravati, Guntur District. PONS ...Respondents WHEREAS the Petitioner above named through its Advocate Sri SHAIK JEELANI BASHA presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Wirt of Mandamus or any other appropriate writ or order or direction declaring the action of the 18' Respondent in passing the Appeal Rejection Proceedings, dated 07.01.2020 for the tax period 2011-12 under CST Act 1956, served on the petitioner on 31.01.2020, without granting an opportunity of being heard, as arbitrary, contrary to law and in violation of principles of natural justice and set aside the same as not valid in the eye of law and consequently set aside the Revised Assessment Proceedings of the 2™ respondent, dated 26.08.2019, as arbitrary, contrary to the provisions of the Act and in violation of principles of natural justice and contrary to recent decision of Hon'ble Court and direct the 2"¢ respondent to accept the 'H' Forms. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Shaik Jeelani Basha, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Appellate Deputy Commissioner (CT), Tirupathi Division, Tirupathi. 2. The Commercial Tax Officer-II, Adoni, Kurnool District. 3. The Commissioner of Commercial Taxes, Andhra Pradesh at Vijayawada. 4. The Principal Secretary, Revenue (CT) Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 10-11-2020, on which date the case stands posted for hearing. The Court made the following: ORDER:
"Notice before admission. Post on 10.11.2020."
SD/- A Surya Prakash Rao | DEPUTY REGISTRA If TRUE COPY // SECTION 3 ee sy ao To, RON> NOOO MM The Appellate Deputy Commissioner (CT), Tirupathi Division, Tirupathi. The Commercial Tax Officer-II, Adoni, Kurnool District. The Commissioner of Commercial Taxes, Andhra Pradesh at Vijayawada. The Principal Secretary, Revenue (CT) Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. (Addresses 1 to 4 by RPAD- along with a copy of petition and affidavit) One CC to Sri. Shaik Jeelani Basha, Advocate [OPUC] Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh. [OUT] Two spare copies 'HIGH COURT © CPKJ JUDJ DATED:16/10/2020 NOTE: POST ON 10-11-2020 NOTICE BEFORE ADMISSION WP.No.17895 of 2020 ANDY