M/S Multi Coats Inc. vs. The Joint Commissioner Of Commercial Taxes

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WP/31643/2024HC KarnatakaGSTCNR KAHC01063421202413 February 2025Bench: S.G.PANDIT3 pages
For Petitioner: SRI. MAHESHRAJ, ADVOCATEFor Respondent: SRI. K. HEMAKUMAR, AGA
AI SummaryDismissed

Facts

The petitioner, M/s Multi Coats Inc., filed a writ petition before the High Court of Karnataka challenging an order passed by the First Appellate Authority (Respondent No. 1) on September 20, 2024, bearing GST Appeal No. 499/2023-24. The petitioner contended that this order was void ab initio due to the absence of a Document Identification Number (DIN). The petition was filed under Articles 226 and 227 of the Constitution of India. The respondents were the Joint Commissioner of Commercial Taxes (Appeals)-6 and the Assistant Commissioner of Commercial Taxes (Audit)-6.10.

Held

The Court noted that a memo dated February 13, 2025, was filed by the petitioner seeking leave to withdraw the writ petition. The petitioner intended to approach the concerned authority for a GST Amnesty Scheme for settlement of dues pertaining to the period of 2017-18. The Court placed the memo on record and, accordingly, dismissed the writ petition as withdrawn. Liberty was granted to the petitioner to pursue the settlement under the GST Amnesty Scheme as sought.

Key Issues

1. Whether the order passed by the First Appellate Authority is void ab initio due to the absence of a Document Identification Number (DIN), as argued by the petitioner? The petitioner contended that the order passed by the First Appellate Authority is void from the beginning (void ab initio) because it lacks a mandatory Document Identification Number (DIN). The petitioner relied on the principle that statutory requirements, when not met, can render an order invalid. The respondents' arguments were not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2025:KHC:6446 WP No. 31643 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 31643 OF 2024 (T-RES) BETWEEN: M/S MULTI COATS INC. SHED NO.3, PLOT NO.5/1 KARIHOBANAHALLI MAIN ROAD KARIHOBANAHALLI NAGASANDRA POST BENGALURU - 560073 (REPTD. BY SRI BALAKRISHNA M AGED ABOUT 63 YEARS MANAGING DIRECTOR) …PETITIONER (BY SRI. MAHESHRAJ, ADVOCATE) AND: 1. THE JOINT COMMISSIONER OF COMMERCIAL TAXES [APPEALS]-6, DGSTO-6 TTMC COMPLEX, SHANTHINAGARA BENGALURU - 560 027 2. THE ASSISTANT COMMISSIONER OF Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6446 WP No. 31643 of 2024 COMMERCIAL TAXES [AUDIT]-6.10, DGSTO-6 2ND FLOOR, KIADB BUILDING 14TH CROSS, 2ND STAGE PEENYA INDUSTRIAL AREA BENGALURU - 560 058. …RESPONDENTS (BY SRI. K. HEMAKUMAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

OF THE FIRST APPELLATE AUTHORITY VIDE GST APPEAL NO. 499/2023-24 DTD 20.09.2024 (ANNEXURE-D) OF WHICH ARE VOID DUE TO THE ABSENCE OF A DIN BY THE RESPONDENT-1 ARE VOID AB INITIO AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT NC: 2025:KHC:6446 WP No. 31643 of 2024 ORAL ORDER

Memo dated 13.02.2025 is filed seeking leave to withdraw the writ petition and to approach the concerned authority for GST Amnesty Scheme for settlement for the period of 2017-18. 2. Memo is placed on record.

3.

Accordingly, writ petition is dismissed as withdrawn with liberty as sought. (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 6

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.