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M/S Annarao Iranna S Contractor vs. Joint Commissioner Of Goods And Service Tax (Appeals)

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WP/201983/2025HC KarnatakaGSTCNR KAHC03009135202517 July 2025Bench: M.I.ARUN4 pages
For Petitioner: SRI. MALLAPUR SUBHASH, ADVOCATEFor Respondent: SRI. MALLIKARJUN SAHUKAR, AGA

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Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2025:KHC-K:4009 WP No. 201983 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201983 OF 2025 (T-RES) BETWEEN: M/S ANNARAO IRANNA S. CONTRACTOR, BY ITS PROPRIETOR, SRI. ANNARAO IRANNA SANMANI, PLOT NO.18, SHETTY ENCLAVE, ALAND ROAD, KALABURAGI-585101. …PETITIONER (BY SRI. MALLAPUR SUBHASH, ADVOCATE) AND: 1. JOINT COMMISSIONER OF GOODS AND SERVICE TAX (APPEALS), KALABURAGI-585102. 2. THE DY. COMMISSIONER OF COMMERCIAL TAXES, (AUDIT)-1, NEAR RAILWAY STATION, KALABURAGI-585102. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, SET ASIDE THE ORDER DATED Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:4009 WP No. 201983 of 2025 10.07.2025 IN FILE BEARING GST:AP:186/2025-26/632/1 DATED 10.07.2025 ORDER PASSED BY THE RESPONDENT NO.1, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioner is registered for the purposes of GST. Against an order passed by the respondent No.2, petitioner preferred an appeal under Section 107 of the Central Goods and Services Tax Act / Karnataka Goods and Services Tax Act, 2017, to respondent No.

1.

The same has been rejected on the ground of inordinate delay beyond 120 days. Aggrieved by the same, the present writ petition is filed.

2.

The case of the petitioner is that though there is a delay beyond 120 days, as prescribed in the statute, respondent No.1 is required to assign appropriate reasons which has not been done in the impugned order. He HC-KAR NC: 2025:KHC-K:4009 further submits that this Court, under similar circumstances in W.P.No.201028/2025 dated 04.04.2025 and several other matters, has directed respondent No.1 to consider the appeal of the petitioner even when the delay was beyond 120 days.

3.

The learned Additional Government Advocate upon instructions admits with regard to the order of this Court in W.P.No.201028/2025 dated 04.04.2025 and several other matters and fairly submits that the matter may be remanded back to respondent No.1 to consider the case of the petitioner on merits.

4.

There is no reason why petitioner, who is similarly situated as that of the petitioner in W.P.No.201028/2025, should not be granted the similar relief.

5.

Hence the following:

ORDER

i. The writ petition is allowed. HC-KAR NC: 2025:KHC-K:4009 ii. The impugned order dated 10.07.2025, bearing No.GST:AP:186/2025-26/632/1 passed by respondent No.1 vide (Annexure-A) to the writ petition is hereby set aside. iii. The matter stands remitted back to respondent No.1 and the delay is condoned. iv. Respondent No.1 shall consider the case of the petitioner on merits and pass appropriate orders.

v. Petitioner shall appear before respondent No.1 on 07.08.2025 at 11.00 a.m. without further notice. (M.I.ARUN) JUDGE

VNR List No.: 1 Sl No.: 15 CT;SI

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.