M/S S F Traders vs. State Of Karnataka

WP/29808/2024HC KarnatakaGSTCNR KAHC01063381202410 December 2024Bench: M.I.ARUN4 pages
For Petitioner: SRI BHARATH KUMAR V., ADVOCATEFor Respondent: SMT. JYOTI M. MARADI, HCGP
AI SummaryPartly Allowed

Held

The Court held that the impugned orders were passed without adhering to principles of natural justice, as no notice was served on the petitioner and no opportunity of hearing was granted. Consequently, the orders were set aside.

Facts

The petitioner challenged orders passed by the Assistant Commissioner of Commercial Taxes blocking their Input Tax Credit (ITC) under Rule 86A. The petitioner contended that these orders were passed without issuing a notice or providing an opportunity for a hearing.

Key Issues

Whether the blocking of Input Tax Credit under Rule 86A is valid when done without providing the assessee with a notice and an opportunity of being heard.

Sections Cited

Rule 86A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC:51095 WP No. 29808 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.29808 OF 2024 (T-RES) BETWEEN: 1. M/S. S F TRADERS, (A PROPRIETARY CONCERN), HAVING ITS OFFICE AT NEAR APA SCHOOL, BYPASS ROAD, CHANNAPATTANA, HASSAN-573 201 REPRESENTED BY ITS PROPRIETOR MR. FAYAZ SHARIFF. …PETITIONER (BY SRI BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES GOODS AND SERVICES TAX (GST), VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, LGSTO-242, HASSAN, HAVING OFFICE AT SWAMY ARCADE, KUVEMPU NAGAR MAIN ROAD, HASSAN-573 201. …RESPONDENTS (BY SMT. JYOTI M. MARADI, HCGP) Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2024:KHC:51095 WP No. 29808 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

DATED 28.08.2024 BEARING NO.ACCT/LGSTO- 242/HSN/ITC/BL

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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.