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JR METAL CHENNAI LTD. vs. THE ASST. COMMISSIONER OF CENTRAL TAX AND TWO OTHERS
(Andhra Pradesh High Court)

Hon'ble Judges:

RAVI NATH TILHARI

Pet. Counsel

Anup Koushik Karavadi

Res. Counsel

Santhi Chandra

Petitioner / Applicant	JR METAL CHENNAI LTD.
Respondent	THE ASST. COMMISSIONER OF CENTRAL TAX AND TWO OTHERS
Court	Andhra Pradesh High Court
State	Andhra Pradesh
Date	May 8, 2024
Order No.	WRIT PETITION NO: 11176/2024
Citation	2024(5) TAXREPLY 9788
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ORDER
ORDER Heard Sri B.Satish Sundhar, Senior Counsel, representing Sri Anup Koushik Karavadi, counsel for petitioner; and Mrs. Santhi Chandra, Junior Standing Counsel for CBIC, appearing for the respondents. 2. A preliminary objection has been raised by the Junior Standing Counsel that the impugned order is appealable under statute and in view of statutory alternative remedy of appeal the writ petition deserves not to be entertained. 3. Learned counsel for petitioner does not dispute the remedy of appeal but he submits that the writ petition is entertainable as the impugned order dt. 16.04.2024 is passed without jurisdiction by the Assistant Commissioner, CGST, Anantapur Division holding that there was transfer of ownership of business by M/s. Venkatasai Ispat Industries Pvt. Ltd. In favour of petitioner. He submits that the petitioner has purchased, vide Sale Deed dt. 17.02.2021, plant & machinery, land and building etc. but not the business. So the finding that there w....