M/S Multi Coats Inc. vs. The Joint Commissioner Of Commercial Taxes
Original PDF →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 The Court placed the memo on record and, accordingly, dismissed the writ petition as withdrawn.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
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.
Accordingly, writ petition is dismissed as withdrawn with liberty as sought.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.