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2025 Supreme(Online)(AP) 14071

HIGH COURT OF ANDHRA PRADESH
R. Raghunandan Rao, T.C.D.Sekhar, JJ
M/S. BROTHERS ENGINEERING AND ERRECTORS LIMITED – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent


Advocates:
For the Appellants/Petitioners: SINGAM SRINIVASA RAO
For the Respondents: GP FOR COMMERCIAL TAX

Table of Content
1. petitioner filed returns late but complied with tax obligations. (Para 1 , 1 , 2 , 3)
2. amendments to gst act affect timelines for filing returns. (Para 4 , 5 , 6)
3. court ruled assessment orders are withdrawn if returns filed timely. (Para 7)

1. GP FOR COMMERCIAL TAX The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao)

The petitioner is a registered person under the G.S.T. regime has not filed his returns for the months of February – 2023 to May – 2023. On account of the non-filing of the returns in GSTR-3A Forms, the best judgment assessment order was passed for the month of February – 2023, on 01.04.2023 and the best judgment assessment order was passed for the months of March – 2023 to May – 2023, on 19.07.2023.

2. The petitioner, after passing all these assessment orders, had filed GSTR-3B Forms and had also paid the necessary taxes, in relation to the month of February – 2023, on 09.08.2023 and in relation to the months of March – 2023 to May – 2023, on 13.09.2023.

3. Thereafter, the 2nd respondent, had initiated proceedings for recovery of the dues mentioned under the assessment orders specified above. Aggrieved by the same, the pet

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