Judgment
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HC-KAR
CNR: KAHC010301252026 NC: 2026:KHC:50840-DB WA No. 1272 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO.1272 OF 2026 (T-RES)
BETWEEN:
1.
UNION OF INDIA
THROUGH ITS SECRETARY
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
GOVERNMENT OF INDIA
NORTH BLOCK, NEW DELHI-110001
(REP. BY THE FINANCE SECRETARY)
2.
THE JOINT COMMISSIONER OF CENTRAL TAX
BANGALORE NORTH GST COMMISSIONERATE
NO.56, HMT BHAVAN, BELLARY ROAD,
BENGALURU-560032.
3.
THE COMMISSIONER OF COMMERCIAL
TAXES (APPEALS-II),
TRAFFIC TRANSIT MANAGEMENT CENTRE
BMTC BUILDING, 4TH FLOOR,
ABOVE BMTC BUS STAND
DOMLUR OLD AIRPORT ROAD
BENGALURU-560071.
4.
THE ADDITIONAL DIRECTOR
DIRECTORATE GENERAL OF GST INTELLIGENCE
BENGALURU ZONAL UNIT OFFICE OF THE
PRINCIPAL ADDITIONAL DIRECTOR
GENERAL NO.112 SP ENCLAVE
ADJACENT TO KARNATAKA BANK
Digitally signed by C K LATHA Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010301252026 NC: 2026:KHC:50840-DB WA No. 1272 of 2026
KH ROAD, BENGALURU-560027.
5.
THE STATE OF KARNATAKA
VIDHANA SOUDHA,
BENGALURU-560001
REP. BY ITS FINANCE SECRETARY.
6.
THE ASSISTANT COMMISSIONER OF
COMMERCIAL TAXES
LGSTO 20 DGSTO 01 NO.93
2ND FLOOR CUNNINGHAM ROAD,
BENGALURU-560052.
…APPELLANTS
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
M/S. KARNATAKA POWER CORPORATION LIMITED NO.82, SHAKTHI BHAVAN, RACE COURSE ROAD, BANGALORE-560001, REP. BY SHRI GAURAV GUPTA MANAGING DIRECTOR AGED ABOUT 58 YEARS IT IS A LIMITED COMPANY (STATE GOVERNMENT UNDERTAKING).
…RESPONDENT
(BY SRI. NAVEEN KUMAR K.S., ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 17.12.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.34484/2025 (T-RES).
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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HC-KAR
CNR: KAHC010301252026 NC: 2026:KHC:50840-DB WA No. 1272 of 2026
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1.
The appellants have filed the present appeal impugning an order dated 17.12.2025 [impugned order] passed by the learned Single Judge in Writ Petition No.34484/2025 [T-RES]. The respondent (writ petitioner) had filed the said petition assailing an order in appeal dated 06.02.2025 passed by respondent No. 3 (Commissioner of Commercial Tax Appeals-II).
2.
According to the respondent, the order in appeal was contrary to the provisions of the Central Goods and Services Tax Act, 2017 and Karnataka Goods and Services Tax Act, 2017. One of the grounds raised by the respondent was that the proceedings were commenced pursuant to a notice for consolidated years issued under Sections 73 and 74 of the CGST Act. The aforesaid petition was allowed holding that the issue involved is covered by the decision of this Court in M/s Pramur Homes and Shelters vs The Union of India and Others1.
1 Writ Petition No.33081/2025 dated 11.12.2025
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HC-KAR
CNR: KAHC010301252026 NC: 2026:KHC:50840-DB WA No. 1272 of 2026
3.
The learned counsel for the appellants points out that the said decision in M/s Pramur Homes and Shelters (supra) was appealed by the Revenue before the Division Bench of this court in Writ Appeal No.407/2026. The said appeal was considered with a batch of other appeals which were allowed by an order dated 23.04.2026 [Writ Appeal No.1751/2024 and other connected matters]. Thus, the solitary ground on which the writ petition is allowed no longer holds good.
4.
The learned counsel for the respondent states apart from the challenge to the show cause notice on the ground that it had bunched up different periods, there were other substantial grounds which were not considered by the learned Single Judge. The learned counsel for the appellants also does not controvert the said contention.
5.
In view of the above, the present appeal is allowed. The impugned order is set aside. The Writ Petition being W.P.No.
34484/2025 is restored before the learned Single Judge for consideration of the other grounds of challenge.
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HC-KAR
CNR: KAHC010301252026 NC: 2026:KHC:50840-DB WA No. 1272 of 2026
6.
List the said petition before the concerned Bench on 30.09.2026.
7.
The pending interlocutory application stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
CKL List No.: 1 Sl No.: 11