Candor International School vs. Union Of INDIA

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WP/742/2025HC KarnatakaGSTCNR KAHC01002293202505 February 2025Bench: S.G.PANDIT3 pages
For Petitioner: SRI. DESHPANDE AMIT ANAND, ADVOCATEFor Respondent: SRI. B.M. KUSHALAPPA, CGC FOR R1; SRI. ARVIND V CHAVAN, ADVOCATE FOR R2 & R3
AI SummaryDismissed

Facts

The petitioner, Candor International School, filed a writ petition before the High Court of Karnataka challenging Notification No. 08/2024 Central Tax (Rate) dated October 8, 2024, issued by the Union of India (Ministry of Finance, Department of Revenue). The petition also sought to address notices dated October 15, 2024, and December 21, 2024, issued by the Principal Additional Director General of GST Intelligence (DGGI) and the Senior Intelligence Officer (DGGI), Bengaluru Zonal Unit. The petitioner was represented by its Chairman. The respondents were the Union of India, the Principal Additional Director General of GST Intelligence, and the Senior Intelligence Officer.

Held

The Court did not decide the merits of the case. The learned counsel for the petitioner sought and was granted leave to withdraw the writ petition. The Court dismissed the petition as withdrawn, granting the petitioner liberty to reply to the notices dated October 15, 2024, and December 21, 2024. The petitioner was also granted liberty to challenge any adverse orders that might be passed subsequently. All contentions of the parties were left open. No specific findings were made on the validity of the notification or the notices.

Key Issues

1. Whether the impugned Notification No. 08/2024 Central Tax (Rate) dated October 8, 2024, issued by the Union of India, is liable to be quashed. The petitioner argued for the quashing of this notification. The respondents, Union of India and DGGI authorities, did not present arguments on this issue as the matter was withdrawn at the preliminary hearing stage. The judgment does not record any specific arguments from the revenue side regarding the validity of the notification or the notices.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2025:KHC:5414 WP No. 742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 742 OF 2025 (T-RES) BETWEEN: CANDOR INTERNATIONAL SCHOOL, SY.NO.82/3 AND 83 HULLAHALLI VILLAGE, BEGURKOPPA ROAD, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 560 105 REPRESENTED BY ITS CHAIRMAN SRI. SURESH KUMAR SADIPIRALLA …PETITIONER (BY SRI. DESHPANDE AMIT ANAND, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NEW DELHI - 100 001 REPRESENTED BY ITS REVENUE SECRETARY 2. THE PRINCIPAL ADDITIONAL DIRECTOR GENERAL OF GST INTELLIGENCE (DGGI) BENGALURU ZONAL UNIT, NO.112, S.P. ENCLAVE, SHANTHINAGAR, ADJACENT TO KARNATAKA BANK, K.H.ROAD, BENGALURU - 560 027. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5414 WP No. 742 of 2025 3. THE SENIOR INTELLIGENCE OFFICER (DGGI), BENGALURU ZONAL UNIT, NO.112, S.P. ENCLAVE, SHANTHINAGAR, ADJACENT TO KARNATAKA BANK, K.H.ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SRI. B.M. KUSHALAPPA, CGC FOR R1; SRI. ARVIND V CHAVAN, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION NO. 08/2024 CENTRAL TAX (RATE) DATED. 08.10.2024 ISSUED BY THE R-1 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT

ORAL ORDER

Heard Sri Amit Anand Deshpande, learned counsel for the petitioner, Sri B.M. Kushalappa, learned CGC for 1st respondent and Sri Arvind V. Chavan, learned counsel for respondents 2 and 3. NC: 2025:KHC:5414 WP No. 742 of 2025

2.

Sri Amit Anand Deshpande, learned counsel for the petitioner after arguing the matter for some time, seeks leave of the Court to withdraw the writ petition, with liberty to reply to the notices at Annexure-C dated 15.10.2024 and 21.12.2024 with liberty to challenge the orders, if any, passed adverse to the interest of the petitioner.

3.

Submission of learned counsel for the petitioner is placed on record.

4.

Writ petition is dismissed as withdrawn with liberty as sought. All contentions are left open. (S.G.PANDIT) JUDGE

NG List No.: 1 Sl No.: 33 CT:SNN

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.