M/S D S Engineering Works Lip vs. The Assistant Commissioner Of
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Cause title — parties, addresses and appearances
ORAL ORDER
The petitioner has approached this Court seeking for the following reliefs. i. to declare and strike down Section 16 (2) (c) of the CGST/SGST Acts as being unconstitutional, the same being violative of Articles 14 and 19(1)(g) of the Constitution of India. ii. In the alternative, the Petitioner most respectfully prays that this Hon'ble High Court may be pleased to read down the phraseology "has been actually paid" occurring in Section 16 (2) (c) of the CGST/SGST Acts to mean "ought to have been paid". iii. The Petitioner most respectfully prays that this Hon'ble High Court may be pleased to issue a or a direction in the nature of a Writ of Certiorari quashing the impugned Order of adjudication dated 06.08.2024, Bearing No. ACCT(AUDIT)-1/Bly/GST- ADJN/2024-25/T, vide ANNEXURES - "D" passed by Respondent No.2, F. Y. 2019-20, to this writ petition. iv. Issue a Writ of Mandamus or a direction to give benfit under as per the circular no 183/15/2022-GST Issued By the Respondent no 05. vide ANNEXURE - "E". HC-KAR NC: 2026:KHC-D:781 v. This Hon'ble High Court may be pleased to issue such other writ or writs or directions in the nature of a writ as this Hon'ble High Court may deem it fit to grant in the facts and circumstances of the petitioner's case.
At the outset learned counsel appearing for the petitioner submits that, prayer No.1 challenging the constitutional validity of Section 16(2)(c) of the CGST/SGST Acts is not pressed.
The said submission is taken on record.
Learned counsel for the petitioner draws the attention of this Court to the Circular bearing No.183/15/2022-GST, dated 27.12.2022 (Annexure-F) and contends that the petitioner is entitled to the benefit of the said Circular, which provides a mechanism to rectify error committed in invoices of statutory forms Reliance is placed on the decision of the Co- ordinate Bench of this Court in M/s Wipro HC-KAR NC: 2026:KHC-D:781 Commissioner of Central Taxes and Others1 (“Wipro Limited India’ for short), wherein this Court extended the benefit of the said Circular even to the financial year 2019-20 by adopting a justice oriented approach.”
Per contra, learned Additional Government Advocate appearing for the respondents/State in support of the statement of objections filed, submits that Circular bearing No.183/15/2022-GST dated 27.12.2022 applies only for financial year 2017-18 and 2018-19, whereas the Circular bearing No. No.193/05/2023-GST dated 17.07.2023 governs the period from 01.04.2019 to 31.12.2021. 6. It is not in dispute that the petitioner’s transaction pertains to the financial year 2019-20. This Court in Wipro Limited India, has held at paragraph Nos.8 and 9 as under:
1 W.P.No.16175 of 2022 dated 06.01.2023 HC-KAR NC: 2026:KHC-D:781
Under these circumstances, I am of the considered opinion that it would be just and proper to dispose of this petition directing the respondents 1 to 3 – revenue to follow the procedure prescribed in the Circular and apply the said Circular to the facts of the instant case of the petitioner, 5th respondent and their transactions for the years 2017-18, 2018- 19 and 2019-20. It is also necessary to state that though the Circular refers only to the years 2017-18 and 2018-19, since there are identical errors committed by the petitioner not only in respect of the assessment years 2017-18 and 2018-19 but also in relation to the assessment year 2019-20 also, I am of the view that by adopting a justice oriented approach, the petitioner would be entitled to the benefit of the Circular for the year 2019-20 also. 13
In the result, I pass the following:- ORDER (i) Petition is hereby disposed of directing the respondents 1 to 3 to take necessary steps in relation to the petitioner and 5th respondent for the assessment years 2017-18, 2018-19 and 2019-20 in terms of the Circular No. bearing No.183/15/2022- GST dated 27.12.2022. (ii) The respondents 1 to 3 are hereby directed to consider the request made by the petitioner vide letter at Annexure-D dated HC-KAR NC: 2026:KHC-D:781
2021 and proceed further in accordance with law and in terms of the Circular dated 27.12.2022 as expeditiously as possible.
This Court categorically held that where identical error exist across multiple assessment years the benefit of Circular No.183/15/2022-GST cannot be denied merely on the ground that the Circular expressly refers to earlier years, and the same can be extended to the financial year 2019-20 as well.
Further, Circular No.193/05/2023-GST, dated 17.07.2023 now expressly covers the period relevant to the petitioner. For the forgoing reasons, writ petition is disposed of with following directions. i. Respondent Nos.1 to 3 are directed to take necessary steps in relation to the petitioner for the assessment year 2019-20 by the Circular bearing No.183/15/2022-GST dated 27.12.2022 as well as Circular bearing No.193/05/2023-GST dated 17.07.2023. HC-KAR NC: 2026:KHC-D:781 ii. The impugned order passed by respondent No.2 at Annexure-D is hereby quashed. iii. Respondent No.2 is directed to reconsider the matter afresh strictly in accordance with law and the Circulars referred to above. JUSTICE K.S.HEMALEKHA
EM CT:ANB List No.: 1 Sl No.: 11
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.