Case Law Details
Penna Cement Industries Ltd. Vs State of Andhra Pradesh (Andhra Pradesh High Court)
In a recent case before the Andhra Pradesh High Court, Penna Cement Industries Ltd. challenged the initiation of GST recovery proceedings by the state. The court’s judgment sheds light on crucial aspects of GST law and the procedure for challenging tax assessments.
The petitioner, Penna Cement Industries Ltd., contested the legality of a notice issued by the state authorities on January 1, 2024, demanding payment of GST dues amounting to Rs. 2,53,69,897. The petitioner argued that the notice was premature, as the statutory period of three months for filing an appeal against the original assessment order had not yet elapsed.
The court carefully examined the provisions of the Andhra Pradesh Goods and Services Tax Act, 2017, particularly Section 78, which stipulates that recovery proceedings can only be initiated if the amount remains unpaid for three months from the date of service of the assessment order.
Acknowledging the petitioner’s contention, the court ruled that the notice for recovery issued within the three-month period was premature and could not be enforced until the statutory deadline had passed. Furthermore, the court clarified that if the appeal against the assessment order was not filed within the prescribed three months, the authorities could proceed with recovery proceedings.
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