M/S. Seema Caterers vs. The State Of Karnataka
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Cause title — parties, addresses and appearances
ORAL ORDER
In this writ petition, the petitioner seeks the following reliefs: "a) CALL FOR RELEVANT records pending on the file of Respondents.
(b) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned communication dated 07.07.2023 under section 74 of GST Act issued by the 2nd Respondent - The Deputy Commissioner of Commercial Tax for the Financial period of 2017-18 vide Annexure - F by treating it as unjust, unfair and ultras vires.
(c) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned Show Cause Notice dated 31.07.2023 under section 74 GST Act issued by the 2nd Respondent The Deputy Commissioner of Commercial Tax for the Financial period of 2017-18 bearing No. DCCT (A)- 4.6/DGSTO-04/T. No./2023-24 vide Annexure treating it as unjust, unfair and ultras vires. F1 by (d) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned Summary Order dated 01.09.2023 under section 74 GST Act Issued by the 2nd Respondent - The Deputy Commissioner of Commercial Tax for the Financial period of 2017-18 bearing No. DCCT NC: 2025:KHC:17454 (A)-4.6/DGSTO-04/T. No./2023-24 vide Annexure treating it as unjust, unfair and ultras vires. F 2 by (e) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned Notice dated 18.10.2023 under section 78 GST Act issued by the 2nd Respondent - The Deputy Commissioner of Commercial Tax for the Financial period of 2017-18 bearing No. DCCT (A)- 4.6/DGSTO-04/T. No./2023-24 vide Annexure F3 by treating it as unjust, unfair and ultras vires.
(f) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned Notice to a third person dated 30.10.2023 under section 79(1)(c) GST Act issued by the 2nd Respondent The Deputy Commissioner of Commercial Tax for the Financial period of 2017-18 bearing No. DCCT (A)-4.6/DGSTO-04/T. No. 301 /2023-24 vide Annexure F4 by treating it as unjust, unfair and ultras vires.
(g) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned notice dated 10.11.2023 issued by the 6th Respondent IRCTC bearing No.2023/ IRCTC / SZ/ Mobile General Annexure vires. Vol- XVIII to the Petitioner vide F 5 by treating it as unjust, unfair and ultras
(h) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned order dated 30.05.2024 passed by the 4th Respondent Joint Commissioner of Commercial Tax for the Financial period of 2017-18 bearing Order number GST.AP.192/23-24 vide Annexure treating it as unjust, unfair and ultras vires. F 6 by (i) ISSUE an order, direction or a Writ, in the nature of WRIT OF CERTIORARI by quashing impugned notice dated 04.07.2024 under section 79(1)(c) GST Act issued by the 2nd Respondent the Deputy NC: 2025:KHC:17454 Commissioner of Commercial Tax for the Financial period of 2017-18 bearing DCCT (A)-4.6/DGSTO- 04//Τ.ΝΟ. 531/2024-25 vide Annexure - F 7 by treating it as unjust, unfair and ultras vires.
(j) And also pass such other order/direction and further orders as may be deemed necessary on the facts and in the circumstances and probabilities of the case, in the interest of justice and equity. "
Heard Sri. Varun Jayakumar Patil, learned counsel appearing for the petitioner and Sri. K.Hema Kumar, learned Additional Government Advocate for respondent Nos.1 to 4, Sri.Y.T.Abhinay, learned counsel for respondent No.6 and perused the material on record.
A perusal of the material on record would indicate that while the impugned order relates to the financial year July 2017 to March 2018 which is the relevant tax period, the very same petitioner herein had preferred WP No.30991/2024, in relation to the financial year / tax period from April 2018 to March 2019 which was disposed of by this Court vide final order dated 08.04.2025 which reads as under; NC: 2025:KHC:17454 "
In this writ petition, the petitioner seeks the following reliefs: " (a) Call for relevant records pending on the file of respondents.
(b) Issue an order, direction or a Writ, in the nature of writ of certiorari by quashing impugned Order of Adjudication dated 30.03.2024 for the Tax period April 2018 to March 2019 vide File number JCCT / DGSTO-04 / CTO (Audit & Recovery) Bangarpet / GST (73) / 2690/2023-24 / Adjudication Order issued by the 2nd Respondent The Commercial Tax Officer vide Annexure - F by treating it as unjust, unfair and ultras
(c) Issue an order, direction or a Writ, in the nature of writ of certiorari by quashing impugned Order dated 09.09.2024 vide FORM GST DRC-13 bearing number CTO (A&R) Bangarpet /97/2024-25 issued by the 2nd Respondent-The Commercial Tax Officer vide Annexure - H by treating it as unjust, unfair and ultras vires.
(d) Issue an order, direction or a Writ, in the nature of writ of certiorari by quashing impugned Order dated 24.10.2024 vide Notice U/S.79 of the KGST Act 2017 bearing number CTO (A&R) BPET/125/2024-25 issued by the 2nd Respondent The Commercial Tax Officer vide Annexure - H-1 by treating it as unjust, unfair and ultras vires.
(e) And also pass such other order/direction and further orders as may be deemed necessary on the facts and in the circumstances and probabilities of the case, in the interest of justice and equity. " NC: 2025:KHC:17454
Heard Sri. Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner and Sri. Hemakumar K., learned Additional Government Advocate for respondent Nos.1 and 2, and perused the material on record.
A perusal of the material on record would indicate that on 15.11.2023, the respondent No.2 issued Observation notice under section 65(6) of the KGST Act 2017, calling for explanation as to the difference/discrepancy between Form GSTR3B and Form GSTR1 as well as difference/discrepancy between Form GSTR3B and Form GSTR2A submitted by the petitioner. Pursuant to the same, on 30.12.2023 the respondent issued show cause notice to the petitioner, who did not submit any reply to the same and consequently, the second respondent proceeded to pass the impugned Adjudication Order dated 30.03.2024 produced at Annexure-F to the petition, which is assailed in the present petition.
Learned Senior 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 as the show-cause notice was not served to the petitioner and the impugned ex-parte orders deserve to be quashed and therefore, the NC: 2025:KHC:17454 matter be remitted back to the second respondent for reconsideration afresh in accordance with law by providing an opportunity to the petitioner to submit a reply to the show cause notice along with relevant documents and pleadings etc.
Per contra, learned Additional Government Advocate appearing for the respondent Nos.1 and 2 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 by participating in the impugned proceedings.
A perusal of the material on record including the impugned orders would 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 with regard to inability and omission to submit 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 NC: 2025:KHC:17454 remit the matter back to the respondent for reconsideration afresh in accordance with law by issuing certain directions.
In the result, I pass the following: ORDER i) The Writ Petition is allowed; ii) The impugned order passed by respondent at Annexure F dated 30.03.2024 and Notices at Annexure H & Annexure H1, dated 09.09.2024 & 24.10.2024 respectively are hereby set aside; iii) The matter is remitted back to the respondent for reconsideration afresh from the stage of the Petitioner submitting its reply to the show-cause notice dated 30.12.2023 in accordance with law. iv) Liberty is reserved to the petitioner to submit pleadings, documents etc. which shall be considered after providing sufficient and reasonable opportunity.
v) Respondent No.3 is directed to de-freeze the account of the petitioner NC: 2025:KHC:17454 forthwith, immediately upon receipt of the copy of this order."
In view of the aforesaid order passed by this Court in relation to the very same petitioner, the present petition also deserves to be disposed of in terms of the said order.
Learned counsel for the petitioner further submits that the petitioner had already deposited 10% of the tax amount on 29.11.2023. 6. Submission is placed on record.
In the result, I pass the following; ORDER i) The Writ Petition is allowed;
ii) The impugned order passed by respondent No.2 at Annexure - F2 dated 01.09.2023 and Notices at Annexures - F, F1, F3, F4, F5, F6 and F7 dated 07.07.2023, 31.07.2023, 18.10.2023, 30.10.2023, 10.11.2023, 30.05.2024 and 04.07.2024 respectively are hereby set aside; NC: 2025:KHC:17454 iii) The matter is remitted back to the respondent No.2 for reconsideration afresh from the stage of the petitioner submitting its reply to the * intimation dated: 10.11.2022, in accordance with law. iv) Liberty is reserved to the petitioner to submit pleadings, documents etc. which shall be considered after providing sufficient and reasonable opportunity.
v) Respondent No.5 is directed to de-freeze the account of the petitioner forthwith, immediately upon receipt of the copy of this order. (S.R.KRISHNA KUMAR) JUDGE
GH List No.: 1 Sl No.: 27 CT: BHK
* Corrected vide Court order dated: 12.12.2025.
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.