M/S Iba Enterprises vs. State Of Karnataka

WP/29816/2024HC KarnatakaGSTCNR KAHC01063379202410 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 issuing notice to the petitioner and without providing an opportunity of hearing. Consequently, the orders were set aside.

Facts

The petitioner challenged orders passed under Rule 86(A) of the GST Rules that blocked their input tax credit, alleging fraudulent availment. The petitioner claimed these orders were passed without notice or a hearing.

Key Issues

Whether the blocking of input tax credit under Rule 86(A) is valid when done without providing the assessee with notice and an opportunity of being heard.

Sections Cited

Rule 86(A)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC:51096 WP No. 29816 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.29816 OF 2024 (T-RES) BETWEEN: 1. M/S. IBA ENTERPRISES (A PROPRIETARY CONCERN), HAVING ITS OFFICE AT NEAR APA SCHOOL, BYPASS ROAD, CHANNAPATTANA, HASSAN-573 201 REPRESENTED BY ITS PROPRIETOR MR. FARDEEN. …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:51096 WP No. 29816 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

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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.