BharatTaxGST

The Superintendent Of Central Tax vs. Sharmila

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WA/1060/2026HC KarnatakaGSTCNR KAHC01023518202624 April 2026Bench: S.G.PANDIT,K. V. ARAVIND5 pages
For Respondent: SRI. G VENKATESH, ADV

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Heard together (2 matters)

WA No. 1060 of 2026
WP NO.12048/2025

Read from the judgment's own cause title. This page is filed under one of them.

Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2026:KHC:23108-DB WA No. 1060 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL NO. 1060 OF 2026 (T-RES) BETWEEN: THE SUPERINTENDENT OF CENTRAL TAX OFFICE OF THE SUPERINTENDENT OF CENTRAL TAX (GST), NO.05, SRI GANAPATHY ARCADE, MAIN ROAD, FMC ROAD, VIRAJPET - 571218. …APPELLANT (BY SRI. ARAVIND V CHAVAN, ADV.) AND: 1. SHARMILA D/O S M HAMOD ABDUL QUADIR AGED ABOUT 58 YEARS ALITOPOO GROUP OF ESTATES, SIDDAPURA, KODAGU-571253. 2. AHMED JALAUDEEN VAJITHA W/O ASLAM HUSSAIN AGED ABOUT 62 YEARS ALITOPOO GROUP OF ESTATES, SIDDAPURA, KODAGU-571253. 3. SERA MUDALI ABOOBUCKER SHAKILA W/O AHAMED HASAN AGED ABOUT 64 YEARS ALITOPOO GROUP OF ESTATES, SIDDAPURA, KODAGU-571253. …RESPONDENTS (BY SRI. G VENKATESH, ADV.) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23108-DB WA No. 1060 of 2026 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO A) SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.12048/2025 DATED 17/12/2025 AND B) PASS SUCH OTHER SUITABLE ORDERS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT)

This writ appeal by the Revenue under Section 4 of the Karnataka High Court Act, is directed against the learned Single Judge’s order dated 17.12.2025 in W.P.No.12048/2025 where under the respondent’s writ petition is allowed quashing the common show cause notices issued under Sections 74 of the CGST Act dated 26.07.2024, 26.07.2024 and 02.08.2024 at Annexures A2, B2 and C2 respectively, and Orders-in-Original dated all 27.01.2025 at Annexures A1, B1 and C1. HC-KAR NC: 2026:KHC:23108-DB

2.

This Court by order dated 24.04.2026 in W.A.No.1751/2024 and Connected Appeals, allowed the Writ Appeals and restored the show cause notice and Orders in Original. The decision rendered therein would aptly apply to the present appeal also. Since the Order- in-Original is passed in pursuance to the show cause notice under Section 74 of the Act, we deem it appropriate to provide liberty to the respondent herein to file statutory appeal within the time to be prescribed by this Court. Having regard to the limited power vested in the appellate authority to condone the delay, coupled with the fact that the respondent had been diligently pursuing the remedy by way of writ petition, we deem it appropriate, while relegating the respondent to the statutory remedy of appeal, to grant six weeks' time to file such appeal. If such appeal is filed within the time granted hereinabove, the appellate authority shall consider the same on merits without raising the plea of limitation. HC-KAR NC: 2026:KHC:23108-DB

3.

Hence, the following: ORDER (i) Writ appeal is allowed.

(ii) The order passed by the learned Single Judge dated 17.12.2025 in W.P.No.12048/2025 is set aside.

(iii) The Orders-in-Original dated 27.01.2025 at Annexures A1, B1 and C1 are restored and show cause notices dated 26.07.2024, 26.07.2024 and 02.08.2024 at Annexures A2, B2 and C2 respectively also stands restored.

(iv) The respondent is provided six weeks time from the day this Order is uploaded on the website of this Court to avail the remedy of statutory appeal.

(v) If the respondent files appeal within the period stated above, the appellants/Revenue shall not raise the question of limitation. HC-KAR NC: 2026:KHC:23108-DB (vi) The Appellate Authority also shall hear the appeal on merits, if the appeal is filed within the time stated above. (S.G.PANDIT) JUDGE (K. V. ARAVIND) JUDGE

MPK CT:bms List No.: 2 Sl No.: 38

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