M/S Sree Balaji Realtors vs. State Of Karnataka
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Cause title — parties, addresses and appearances
ORAL ORDER
In this petition, the petitioner seeks following reliefs:
“a) To issue a writ of Certiorari or order or direction in the nature of Certiorari to set aside the Show Cause Notice issued by the Respondent no. 2 vide DRC-01 bearing no. CTO/Audit-4.4/D&R106/2024-25 dated 30.05.2024 (Annexure -B); b) To issue a writ of Certiorari or order or direction in the nature of Certiorari to set aside and quash the Impugned order passed by Respondent No. 2 under Section 73(9) of the KGST and CGST Act, 2017 bearing No. DGSTO- 4/CTO(A)-4.4/GST2019-2020/D&R-106/2024-2025 Dated 22.07.2024 for FY 2019-20 (Annexure - C); c) Alternatively, in the event the demand under Impugned Order passed by Respondent no. 2 under section 73(9) of the KGST and CGST Act, 2017 bearing No. DGSTO- 4/CTO(A)-4.4/GST2019-2020 / D&R-106/2024-2025 Dated 22.07.2024 for FY 2019-20 (Annexure-C) is not set aside, the remand the matter for fresh adjudication, with a direction to Respondent no. 3 to appoint any other officer to HC-KAR NC: 2025:KHC:44030 provide the Petitioner with an opportunity of personal hearing as contemplated under section 75(4) of the Act and pass such order thereafter, in accordance with law; and d) Grant any other orders that this Hon'ble Court deems fit and proper in the interest of justice.”
Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
A perusal of material on record will indicate that pursuant to notice in Form GST ADT-01A dated 27.05.2024, the second respondent issued a show-cause notice dated 30.05.2024 under Section 73(1) of the CGST/KGST Act, 2017 alleging that there is wrong availment and utilization of excess input tax credit of Rs.15,58,530/-, due to difference between ITC claimed in GSTR- 3B vis-à-vis GSTR-2A. Since the petitioner did not submit his reply to the said show-cause notice also, the_second respondent proceeded to pass the impugned order dated 22.07.2024 under Section 73(9) of the KGST Act, 2017confirming the total demand of Rs.16,07,85,804/- including the tax, interest and penalty.
Learned counsel for the petitioner submits that due to bonafide reasons and unavoidable circumstances couldn't submit HC-KAR NC: 2025:KHC:44030 replies/ documents to the show-cause notice under Section 73(1) of the CGST/KGST Act, 2017 and resultantly couldn’t contest the proceedings. Aggrieved by the said order the petitioner having no option has approached this Court by way of the present petition interalia contending that the inability and omission on the part of the petitioner to submit a reply to the pre-intimation notice and show-cause notice and contest the proceedings was due to bonafide reasons, unavoidable circumstances and sufficient cause and submits that if one more opportunity is provided, by setting aside the impugned order, the petitioner would submit a reply to the show-cause notice and contest the proceedings.
Per contra, learned HCGP for the respondents submits that there is no merit in the petition and the same is liable to be dismissed.
Though several contentions have been urged by both sides, the counsel for the petitioner submits that for bonafide reasons and unavoidable circumstances reply could not be submitted and the fact that the petitioner did not file its reply/ documents culminated in the impugned ex-parte order. HC-KAR NC: 2025:KHC:44030
Under these circumstances, having regard to the specific assertion on the part of the petitioner that his inability and omission to submit replies and contest the proceedings was due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt a justice oriented approach and provide one more opportunity to the petitioner by setting aside the impugned order dated 22.07.2024 remitting the matter back to the second respondent for reconsideration of the matter afresh in accordance with law from the stage of petitioner submitting reply to the impugned show-cause notice dated 30.05.2024. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed.
(ii) The impugned order dated 22.07.2024 passed by the second respondent under Section 73(9) of the KGST Act, 2017 at Annexure –C is hereby set aside.
(iii) The matter is remitted back to the second respondent for reconsideration afresh in accordance with law from the stage of petitioner submitting its reply to the notice dated 30.05.2024 issued under Section 73(1) of the CGST/KGST Act, 2017 at Annexure –B. HC-KAR NC: 2025:KHC:44030 (iv) The petitioner is directed to appear before the second respondent on 01.12.2025 without awaiting further notice from the second respondent.
(v) The liberty is reserved in favour of the petitioner to submit replies, documents etc., which shall be considered by the second respondent who shall provide sufficient and reasonable opportunity to the petitioner and hear them and proceed further in accordance with law.
(vi) In the event, the petitioner does not appear before the second respondent on 01.12.2025 as stated supra, present order shall stand automatically recalled without further orders. (S.R.KRISHNA KUMAR) JUDGE
CM List No.: 2 Sl No.: 0
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.