M/S Epiroc Mining INDIA Limited vs. The Union Of INDIA
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Cause title — parties, addresses and appearances
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:- “a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the HC-KAR NC: 2025:KHC:45451 Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality of the provisions set aside and quash impugned order OIA No.189-190/2022-23/JC-AII/GST dated 06.10.2022 (Annexure A); b) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality of the provisions set aside and quash impugned ex-parte Order No. 30N-CT/2020-21 dated 02.09.2021 (Annexure B) and impugned ex-parte Order No. 42/2021-22 dated 26.11.2021 (Annexure C); c) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality of the provisions hold that section 16(2)(c) of the CGST Act, 2017 is violative and unconstitutional of Article 14 & 19(1)(g) of the Constitution of India; d) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining HC-KAR NC: 2025:KHC:45451 to the Petitioner's case and after going into the validity and legality of the provisions to read down the provisions of section 16(2)(c) of the CGST Act, 2017 in a manner that the same would not be applicable in the facts of the present case; e) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality of the provisions set aside and quash impugned Rule 36(4) of the CGST Rules, 2017 as being violative of the provisions of the CGST Act, 2017 and Article 14 & 19(1)(g) of the Constitution of India; f) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality of the provisions hold that the petitioner is eligible for refund along with interest; g) that this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction ordering and directing the Respondent to No. 2 to sanction the entire claim for refund with interest to the Petitioner; HC-KAR NC: 2025:KHC:45451 h) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality of the provisions set aside and quash impugned Order NO.30N-CT/2020-21dated 02/09/2021 (Annexure-B) & impugned order No.42/2021-22 dated 26.11.2021 (Annexure-C), as being violative of the Constitution of India and the provisions of the CGST Act, 2017 and the Rules made thereunder; i) for interim and ad-interim reliefs in terms of prayer (a) to (h) above; j) for costs of this Petition; k) for such and other reliefs as the nature and circumstances of the case may require.”
Heard learned counsel for the petitioner, learned CGC for respondent No.1, learned AGA for respondent No.2 and learned counsel for the respondent Nos.3 and 4 and perused the material on record.
A perusal of the material on record will indicate that the petitioner having filed a refund claim on 13.07.2021 for the period HC-KAR NC: 2025:KHC:45451 September 2020, show cause notice dated 13.07.2021 was issued by 3rd respondent proposing to reject the refund claim of the petitioner, who filed a detailed reply dated 26.07.2021 to the show cause notice refuting the allegations made in the show cause notice. By impugned order dated 02.09.2021, the said refund claim of the petitioner was rejected by the respondent No.
It is a matter of record and an undisputed fact that similar refund claims for the period December 2020 was also rejected by the respondent No.
Aggrieved by the aforesaid refund rejection orders, the petitioner approached the Appellate Authority, which dismissed both the appeals for both the tax periods, September 2020 and December 2020 on the ground that necessary documents had not been furnished by the petitioner.
Learned counsel for the petitioner submits that if the impugned order is set aside and the matter remitted back to the respondent No.3, the impugned orders at Annexures-A, B and C are set aside and the matter remitted back to the respondent No.3 for reconsideration, petitioner would produce additional documents which may be directed to be considered.
The aforesaid submission is placed on record. HC-KAR NC: 2025:KHC:45451
In view of submission that documents not produced, by adopting a justice oriented approach, I deem it just and appropriate to set aside Annexures-A, B and C and remit the matter back to respondent No.3 for reconsideration afresh in accordance with law after providing one more opportunity to the petitioner in this regard.
In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order at Annexures-A, B and C dated 06.10.2022, 02.09.2021 and 26.11.2021 respectively passed by respondent No.3 are hereby set aside. (iii) The petitioner shall appear before the respondent No.3 on 05.12.2025 without awaiting further notice from the respondent, failing which the present order shall stand recalled automatically, without further reference to the Bench and without further orders. HC-KAR NC: 2025:KHC:45451 (iv) Liberty is reserved in favour of the petitioner to submit replies, responses, pleadings, documents etc., which shall be considered by the respondent, who shall provide sufficient and reasonable opportunity to the petitioner, hear him and proceed further, in accordance with law. (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 2 Sl No.: 24
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.