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Goods and Services Tax

Telangana HC Permits Delayed GST Appeal After Withdrawal of Writ Petition in Section 73 Demand Case

Case Law Details

TaxGuru Citation
2026 taxguru.in 5161
Case Name
Smt. Tatikonda Dhana laxmi Vs Superintendent of Central Tax and another (Telangana High Court)
Date of Judgement/Order
Only available for paid members
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Smt. Tatikonda Dhana laxmi Vs Superintendent of Central Tax and another (Telangana High Court)

Telangana High Court Permits Delayed GST Appeal After Withdrawal of Writ Petition in Section 73 Demand Case  

In another important procedural relief under GST law, the Telangana High Court allowed the taxpayer to pursue the statutory appellate remedy despite delay in filing the appeal against a GST demand order passed under Section 73 of the CGST Act.

The Court reiterated that where a taxpayer had bona fide approached the High Court through writ proceedings, the appellate authority should consider the delay sympathetically while examining the appeal’s maintainability.

The ruling once again reflects the Telangana High Court’s practical approach of ensuring substantive adjudication instead of rejecting matters solely on procedural technicalities.

Case Background

Petitioner

Smt. Tatikonda Dhana Laxmi

Respondents

The Superintendent of Central Tax and another

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 proceedings were initiated under:

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

The impugned order imposed:

  • Tax liability of Rs.10,08,006/-
  • Interest
  • Penalty

Proceedings Before High Court

Instead of directly filing a statutory appeal under Section 107 of the CGST Act, the petitioner approached the Telangana High Court through a writ petition.

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Author Info

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

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