M/S. Wagging Tail Pet Care Private Limited vs. Superintendent Of Central Tax
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Cause title — parties, addresses and appearances
ORAL ORDER
Sri. Aravind Chavan, learned counsel accepts notice for respondent. Petitioner has sought for setting aside of the order- in-original at Annexure-A3. 2. It is submitted that the order of adjudication is an ex-parte order and petitioner has not made out reply to the show cause notice or availed of opportunity of personal hearing. It is submitted that the Authority has proceeded and adjudicated the matter without any reply of the petitioner. It is further submitted that the petitioner has HC-KAR NC: 2026:KHC:8353 sufficient material to demonstrate that the Authority ought not to have passed the order and submits that there was mistake in Form-GSTR-4 insofar as outward supplies were not enumerated despite similar entry being made in column No.5 of the Table.
Taking note of the adverse consequence that would visit the petitioner if the order in original is allowed to remain and noticing the assertion that the employee of the consultant who was incharge of such affairs had left the company and accordingly, there was lapse in making out reply, it would meet the ends of justice by setting aside the order of adjudication and remitting the matter to the stage of reply to the show cause notice.
Accordingly, the order-in-original at Annexures- A3 as well as the Summary of the Order at Annexure-A4 are set aside. The matter is remitted to the stage of reply to the show cause notice. Petitioner to appear before the HC-KAR NC: 2026:KHC:8353 respondent without further notice on 02.03.2026. All contentions of the petitioner are kept open.
The writ petition is disposed of accordingly. (S SUNIL DUTT YADAV) JUDGE VP
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.