M/S Budhaprakash Bhavikati vs. The Union Of INDIA And Ors

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WP/200893/2021HC KarnatakaGSTCNR KAHC03026723202111 March 2025Bench: ANANT RAMANATH HEGDE3 pages
For Petitioner: SRI. SANDEEP VIJAYKUMAR, ADVOCATEFor Respondent: SRI SUDHIRSINGH R. VIJAPUR, D.S.G.I., FOR R1 AND R2; SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R3 TO R5

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Cause title — parties, addresses and appearances
- 1 - NC: 2025:KHC-K:1580 WP No. 200893 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200893 OF 2021 (T-RES) BETWEEN: M/S BUDHAPRAKASH BHAVIKATI AGED ABOUT 42 YEARS, OCC: CONTRACTOR, H.NO.17-3-312, CMC COLONY, MAILOOR ROAD, BIDAR, TQ AND DIST BIDAR 585 401. …PETITIONER (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI – 100 001. 2. GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE, OFFICE OF THE COMMISSIONER OF CENTRAL TAX, AUDIT, BELAGAVI – 590 001. 3. THE OFFICE OF THE ASSISTANT COMMISSIONERS CENTRAL TAX (CGST) AND CENTRAL EXCISE, GULBARGA DIVISION, BEHIND TV STATION, REVANSIDDESHWAR COLONY, KALABURAGI 585 104. 4. THE SUPERINTENDENT OF CENTRAL EXCISE CUSTOMS AND SERVICE TAX, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1580 WP No. 200893 of 2021 CENTRAL TAX (CGST) AND CENTRAL EXCISE, OFFICE OF THE SUPERINTENDENT OF CENTRAL TAX (CGST) AND CENTRAL EXCISE, MIG NO.24, KHB COLONY, RANGE BIDAR, BIDAR – 585 401. 5. ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, LVO, KARNATAKA GOODS AND SERVICE TAXES OFFICE, BIDAR – 585 401. …RESPONDENTS (BY SRI SUDHIRSINGH R. VIJAPUR, D.S.G.I., FOR R1 AND R2; SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF SHOW CAUSE NOTICE/DATED 03.02.2021 ISSUED BY THE RESPONDENT NO.3 HEREIN IN FILE SCN REF.NO.15/2020-21-GLB- GST ADJN, THE COPY OF WHICH IS AT ANNEXURE B AND DIRECT THE RESPONDENT NO.2 AND 3 HEREIN TO CONSIDER THE REPRESENTATIONS DATED 24.02.2020 AND DATED 10.03.2021, SUBMITTED BY THE PETITIONER HEREIN, FORTHWITH, THE COPY OF WHICH IS AT ANNEXURE C AND C1 IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

A memo is filed seeking leave of the Court to withdraw the petition.

2.

The memo is accepted with all just exceptions and the petition is dismissed as withdrawn. NC: 2025:KHC-K:1580 WP No. 200893 of 2021

3.

It is stated that the petitioner intends to avail the benefits under amended Sub Section 5 of Section 16 of CGST Act. The petitioner is entitled to the benefit under the aforementioned provision, if provision has conferred any such benefit. (ANANT RAMANATH HEGDE) JUDGE

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