HIGH COURT OF ANDHRA PRADESH
R RAGHUNANDAN RAO,T.C.D.SEKHAR
V.V.S.Enterprises – Appellant
Versus
The State of Andhra Pradesh – Respondent
Key Points: - The petitioner challenges an impugned notice under Section 79(1)(c) of APGST Act, 2017 directing a bank to pay tax dues on behalf of a defaulting dealer. (!) - The Court held that no authorization from a competent authority is required for issuing notices under Section 79, and the notice was issued by the proper officer as per Gazette notification. (!) (!) - The Court noted that Section 79 allows recovery from third parties from whom money is due or may become due to the defaulting dealer, and there is no bar to such recovery without prior notice to the dealer in certain circumstances. (!) (!) (!) - The case distinguished earlier judgments relied upon by the petitioner, stating those did not apply since there was no dispute about the tax liability (the assessment was final and unchallenged). (!) (!) - The Assessment Order dated 17.01.2025 against the petitioner had attained finality and the impugned notice was issued after tax dues remained unpaid for over a year. (!) - The High Court dismissed the writ petition, holding no illegality in issuing the impugned notice under Section 79 and declining relief. (!) - The Gazette notification dated 14.12.2022 identifies the appropriate proper officer (Deputy Assistant Commissioner (ST) – Airport Circle) for exercising powers under Section 79. (!) (!) - The Court emphasized that the Section 79 recovery mechanism is to recover tax arrears from third parties and to credit the amount to the Government accounts. (!) (!) - The petitioner’s request for stay of the impugned notice was rejected as part of the main petition dismissal. (!) - The order closes pending applications; no costs awarded. (!)
APHC010119382026 IN THE HIGH COURT OF ANDHRA PRADESH [3529]
AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.6645/2026 Between:
1.V.V.S.ENTERPRISES, REPRESENTED BY ITS MANAGING PARTNER SRI KOTTADA SANKARA RAO S/O SRI APPALA SWAMI NAIDU, AGED 56 YRS, D.NO.PLOT NO.11 AND 12 , GROUND FLOOR, VADLAPUDI, DUVVADA VILLAGE GAJUWAKA MANDAL.VISAKHAPATNAM DISTRICT 520046.
...PETITIONER AND
1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(CT) DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.-522237
2.UNION OF INDIA, MINISTRY OF FINANCE REP., BY ITS SECRETARY .SASTRY BHAVAN, NEW DELHI.
110001
3.THE DEPUTY COMMISSIONER, (ST) -II, AIR PORT CIRCLE, OFFICE OF THE JOINT COMMISSIONER (ST) VISAKHAPATNAM DISTRICT.530002
4.THE ASSISTANT COMMISSIONER ST, AIR PORT CIRCLE,VISAKHAPATNAM II ,VISAKHAPATNAM.
530002
5.THE BRANCH MANAGER, ICICI BANK SITUATED AT MURALINAGAR, VISAKHAPATNAM.-530007 ...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.