Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

Telangana HC Allows Delayed GST Appeal After Withdrawal of Writ Petition

Case Law Details

TaxGuru Citation
2026 taxguru.in 5160
Case Name
Smt. Shobharani Thatikonda Vs Superintendent of Central Tax and another (Telangana High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Smt. Shobharani Thatikonda Vs Superintendent of Central Tax and another (Telangana High Court)

In another important GST procedural relief matter, the Telangana High Court permitted the taxpayer to withdraw the writ petition and pursue the statutory appellate remedy under Section 107 of the CGST Act despite delay in approaching the appellate authority.

The Court observed that since the petitioner had been pursuing remedy before the High Court, the appellate authority should consider the appeal without being adversely influenced by delay.

The ruling reflects the Telangana High Court’s continued practical and taxpayer-sensitive approach in GST litigation, ensuring that procedural delays do not unnecessarily deprive taxpayers of statutory appellate remedies.

Case Background

Petitioner

Smt. Shobharani Thatikonda

Respondents

  • Superintendent of Central Tax
  • Other departmental authorities

Facts of the Case

The petitioner challenged:

  • Order-in-Original dated 19.09.2025
  • Summary Order in Form GST DRC-07 dated 23.09.2025

The impugned proceedings were passed under:

  • Section 73 of the Central Goods and Services Tax Act, 2017

The department imposed:

  • Tax liability of Rs.10,00,702/-
  • Interest
  • Penalty

Proceedings Before High Court

The petitioner directly approached the Telangana High Court by filing the writ petition.

However, during the hearing:

  • The petitioner sought permission to withdraw the writ petition,
  • And requested liberty to approach the appellate authority under Section 107(1) of the CGST Act.

The petitioner further requested:

  • Sympathetic consideration of delay in filing the appeal.

Key Legal Issue

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

ADV AKRUTI GOYAL (CA)
Qualification: LL.B / Advocate
Company: ADV AKRUTI GOYAL, ADVOCATE AND LEGAL CONSULTANT
Location: Hyderabad, Telangana
Articles Published: 252

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.