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2023 Supreme(AP) 768

U. DURGA PRASAD RAO, T. MALLIKARJUNA RAO
Thirumalakonda Plywoods – Appellant
Versus
Assistant Commissioner – State Tax – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Rama Krishna Kumar Potturi

ORDER :

U. Durga Prasad Rao, J.

The petitioner prays for writ of mandamus declaring

    (a) Section 16(4) of APGST Act, 2017 and Section 16(4) of CGST Act, is violative of Article 14, 19(1)(g) and Section 300-A of Constitution of India.

(b) That the non-obstante clause in Section16(2) of APGST/CGST Act, 2017 would prevail over Section 16(4) of APGST / CGST Act, 2017.

(c) That notification issued by Government of Andhra Pradesh vide G.O.Ms.No.264, dated 11.09.2020 and providing extension of time for filing returns only to the non-resident and not allowing such extension to the others and thereby distinguishing other tax payers on account of COVID-19 pandemic is arbitrary, illegal and violative of Article 14 of Constitution of India.

(d) That the action of Respondent No.1 in passing summary order vide ref No.ZD370322002865K, dated 15.3.2022 in Form GST DRC-07 under the GST Acts, without serving proper show cause notice in Form GST DRC-01 and granting sufficient opportunity to the petitioner U/s 74(5) of the Act and not considering petitioner’s submissions and COVID19 limitations r/w Amnest

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