M/S Sri Krishna Medical And General Stores vs. State Of Karnataka
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Cause title — parties, addresses and appearances
ORAL ORDER
Sri.K.Hemakumar, learned AGA accepts notice for respondents.
The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of declaration or any other appropriate writ or direction declaring the provisions of Section 16(2)(C) of CGST Act/SGST Act, 2017 as being illegal, unreasonable, arbitrary and discriminatory and therefore to be struck down as violative of Article 14, 19 and 300A;
b) Issue writ of certiorari or writ in the nature of certiorari quashing the order in Original issued in Form GST DRC-07 bearing Order No.ACCT(A)-6.1/DGSTO- 6/ADJ-order/2023-24 dated 10.04.2024 Ref.No.ZD2904240259751 passed under Section 73(9) of the KGST by the 2nd respondent vide Annexure-E, in relation to the financial year 2018-19, in so for as the petitioner is concerned, as the same is illegal, without authority of law, lack of juri iction.
c) Issue writ of mandamus or writ in the nature of mandamus, directing the 2nd respondent to allow the ITC to the extent of the taxes collected from the registered suppliers in so for is the petitioner is concerned. HC-KAR NC: 2025:KHC:28277
Learned counsel for the petitioner submits that the lis in the above matter is covered by the Judgment of the Coordinate Bench of this Court passed in M/S In that view of the matter, I pass the following:
ORDER i. Petition is allowed. The impugned order passed by respondent No.2 at Annexure-E is set aside. ii. The matter is remitted to the respondent No.2 for fresh consideration, in accordance with law, bearing in mind the Circular bearing No.183/15/2022-GST dated 27.12.2022. iii. The petitioner shall appear before the respondent No. 2 on 04.08.2025 at 02.30
1 WP No.11597/2025 DD 21.04.2025 HC-KAR NC: 2025:KHC:28277 p.m. On that date, he shall submit his reply to the show cause notice along with all relevant documents. iv. Upon the petitioner submitting a reply along with all relevant documents, the respondent N0.2 shall afford a reasonable opportunity to the petitioner for hearing and proceed further in accordance with law. v. Petitioner shall pay a cost of Rs.20,000/- to the Karnataka State Legal Service Authority within a period of two weeks from today.”
Registry is directed to carry out correction and issue fresh certified copies after collecting certified copies which have already been issued. (SURAJ GOVINDARAJ) JUDGE
RJ List No.: 1 Sl No.: 1
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.