M/S Ivistaz Ecom Services PVT. LTD. vs. The Joint Commissioner Of Commercial Taxes (Appeals- 3)

WP/9840/2023HC KarnatakaGSTCNR KAHC01023150202303 December 2024Bench: M.I.ARUN4 pages
For Petitioner: SRI. NAVEEN G S., ADVOCATE
AI SummaryRemanded

Held

The Court set aside the impugned order and relegated the petitioner to the stage of the show cause notice. The petitioner was granted one month to reply, and the respondents were directed to consider the case based on amended provisions.

Facts

The petitioner filed GST returns and claimed input tax credit for FY 2018-19 with a delay. A show cause notice was issued, leading to an impugned order. The petitioner sought to set aside this order.

Key Issues

Whether the petitioner should be given an opportunity to respond to the show cause notice in light of recent amendments extending the time for filing returns and claiming input tax credit.

Sections Cited

Finance Act, 2024, CGST/KGST Acts

AI-generated summary — verify with the full judgment below

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NC: 2024:KHC:49993 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 9840 OF 2023 (T-RES) BETWEEN:

M/S IVISTAZ ECOM SERVICES PVT. LTD., (FORMERLY, M/S I-VISTA ECOM SERVICES PVT. LTD) A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT NO.161, 2ND FLOOR, 4TH MAIN, BETWEEN 7TH AND 8TH CROSS, CHAMARAJPET, BANGALORE - 560 018

CORPORATE OFFICE AT RELIABLE PHOENIX TOWER, NO. 16 AND 16/1, 4TH FLOOR, MUSEUM ROAD, BENGALURU - 560 001 (REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY SHRI. NARAYAN RAJAN …PETITIONER (BY SRI. NAVEEN G S., ADVOCATE) AND:

1.

THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS- 3), LGSTO-100, I FLOOR, SHANTHINAGAR, BENGALURU- 560 027 K HEMA Location: High Court of Karnataka NC: 2024:KHC:49993

2.

THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES, LGSTO-100, I FLOOR BMTC BUILDING, JAYANAGAR, 4TH BLOCK, BENGALURU - 560 011 …RESPONDEN

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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.