BharatTaxGST

M/S Sree Veerabhadreshwara Granites vs. The Commercial Tax Officer

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WP/35845/2025HC KarnatakaGSTCNR KAHC01076932202528 November 2025Bench: S.R.KRISHNA KUMAR8 pages
For Petitioner: SRI. PRANAY SHARMA Y., ADVOCATEFor Respondent: SRI. K. HEMA KUMAR, AGA

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Before: SHRI. MADAPURA HALAGEGOWDA PUTTASWAMY

In this writ petition, the petitioner seeks the following reliefs: " Wherefore, it is prayed that this Hon'ble Court be pleased to: a) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the Order in HC-KAR NC: 2025:KHC:49701 Appeal passed under section 107(11) of Act by the Respondent No.3 vide OIA No. GST/AP-131 /2025- 26 dated 29.07.2025, Copy of the Order In appeal dated 29.07.2025 is enclosed and marked as Annexure - A1. b) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing Order in Original passed under section 73(9) of the Act by the Respondent No.1 vide OIO No. CTO-LGSTO- dated 242/HSN/Sec-73/2A/Order- 592/T.10866/2024-25 15.02.2025. Copy of the Order In original dated 15.02.2025 is enclosed and marked as Annexure - A2. c) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the Summary of the Order in Original passed under section 73 of the Act, 2017 by the Respondent No.1 vide Reference Number ZD2902250764760 dated 19.02.2025. Copy of the Summary of the Order In original in DRC-07 dated 19.02.2025 is enclosed and marked as Annexure-A3. d) Issue a writ of Certiorart or direction in the nature of a writ of certiorant quashing the Show cause notice issued by the Respondent No.1 dated 26.11.2024 bearing Office No. Issued CTO/LGSTO- 242/HSN/DRC-01/GSTR-2A/T-6017/24-25 under section 73(1) for the tax periods 2020-2021 dated 26.11.2024. Copy of the show cause notice dated 26.11.2024 issued under section 73(1) of the KGST Act, 2017 is enclosed and marked as Annexure - A4. e) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the Summary of the Order in Form GST DRC-01 dated 27.11.2024 issued by the Respondent No.1 bearing Reference No. ZD291124144225L. Copy of the Summary of the Order in Form GST DRC-01 dated 27.11.2024 is enclosed and marked as Annexure - A5. HC-KAR NC: 2025:KHC:49701 f) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the DRC-01A issued by the Respondent No.1 under section 73(5) of Act for the tax period 2020-21 dated 12.11.2024 vide Office No. CTO/LGSTO- 242/HSN/2A/DRC1A/T.5433/2024-25. Copy of the DRC-01A dated 12.11.20224 issued under section 73(5) of the KGST Act, 2017 is enclosed and marked as Annexure - A6. g) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the DRC-01A issued by the Respondent No.1 under section 73(5) of Act for the tax period 2020-2021 dated 15.11.2024 vide Reference No. ZD2911240608466. Copy of the Copy of the DRC-01A dated 15.11.2024 issued under section 73(5) of the Act is enclosed and marked as Annexure - A7. h) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity

2.

Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent and perused the material on record.

3.

A perusal of the material on record will indicate that the petitioner filed Form GSTR3B for the perod of 01.04.2020 to 31.03.2021. On 12,11.2024, the respondent issued Form ASMT-10 notice, calling for HC-KAR NC: 2025:KHC:49701 explanation as to the difference/discrepancy between Form GSTR3B and Form GSTR2A submitted by the petitioner. Pursuant to the same, the respondent issued show cause notice to the petitioner, who did not submit any reply to the same and consequently, the respondent proceeded to pass the impugned orders at Annexures - A1, A2, A3, A4, A5, A6 and A7 dated 29.07.2025, 15.02.2025, 19.02.2025, 26.11.2024, 27.11.2024, 12.11.2024 and 15.11.2024 which are assailed in the present petition.

4.

Learned counsel for the petitioner submits that due to bona fide reasons and unavoidable circumstances and sufficient cause, the petitioner could not submit his reply to the show cause notice and the impugned ex-parte orders deserve to be quashed and the matter is remitted back to the respondent for reconsideration of the matter afresh in accordance with law by providing an opportunity to the petitioner to submit a reply to the show cause notice and thereafter to pass appropriate orders. It is also HC-KAR NC: 2025:KHC:49701 submitted that the impugned orders are vitiated on account of non-consideration of the Circular issued by the Central Government, Government of India, bearing No.183/15/2022-GST dated 27.12.2022. It is therefore submitted that the impugned orders deserve to be quashed. 5. per contra, learned Additional Government Advocate for respondent would support the impugned orders and submit that there is no merit in the petition and the same is liable to be dismissed, especially when the petitioner did not exercise his due diligence in participating in the impugned proceedings.

6.

A perusal of the material on record including the impugned orders will indicate that it is an undisputed fact that the petitioner did not respond/reply to the show cause notice and the impugned ex-parte orders have been passed without hearing the petitioner. Under these circumstances, in view of the specific assertion on the part of the petitioner that his inability and omission to submit HC-KAR NC: 2025:KHC:49701 the reply to the show cause notice and participate in the proceedings was due to bona fide reasons, unavoidable circumstances and sufficient cause, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner, I deem it just and appropriate to set aside the impugned orders and remit the matter back to the respondent for reconsideration afresh in accordance with law by issuing certain directions.

7.

In the result, I pass the following: ORDER i) The Writ Petition is allowed; ii) The impugned orders passed by respondent at Annexures - A1, A2, A3, A4, A5, A6 and A7 dated 29.07.2025, 15.02.2025, 19.02.2025, 26.11.2024, 27.11.2024, 12.11.2024 and 15.11.2024 are hereby set aside; iii) The matter is remitted back to the respondent for reconsideration afresh in HC-KAR NC: 2025:KHC:49701 accordance with law, bearing in mind the aforesaid Circular bearing No.183/15/2022-GST dated 27.12.2022; iv) The petitioner shall appear before the respondent on 19.12.2025 on which date, he shall submit his reply to the show cause notice along with relevant documents. v) Upon the petitioner submitting a reply along with relevant documents to the show cause notice, on 19.12.2025, the respondent shall afford a reasonable opportunity to the petitioner and hear him and proceed further in accordance with law. (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 2 Sl No.: 29

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.