M/S Mehta Logistics vs. The Principal Commissioner Of Central Tax And Central

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WP/102887/2024HC KarnatakaGSTCNR KAHC02008250202419 September 2024Bench: JYOTI MULIMANI3 pages
For Petitioner: SRI. CHIDANAND URS AND SRI. SHASHANK.S.HEGDE., ADVOCATESFor Respondent: SRI. SHIVARAJ.S.BALLOLI., ADVOCATE FOR R1-R3; R4 IS DELETED VIDE ORDER DATED 19.09.2024
AI SummaryAllowed

Facts

The petitioner, M/s. Mehta Logistics, represented by its proprietor, filed a writ petition before the Karnataka High Court, Dharwad Bench. The petition sought to quash an Order-in-Original dated 27.03.2023, issued on 24.04.2023 by the Principal Commissioner of Central Tax and Central Excise (first respondent). Additionally, the petitioner sought to quash a Garnishee Order dated 19.04.2024, issued by the Superintendent of Central Tax and Central Excise, Hospet-B Range (third respondent). The respondents are various authorities under the Central Goods and Service Tax and Central Excise department. The specific tax period and the amount in dispute are not explicitly detailed in the provided text. The procedural history involves the filing of the writ petition and the subsequent hearing.

Held

The Court held that the issue involved in the present Writ Petition is squarely covered by the decision of the Principal Bench at Bengaluru in W.P.No.11154/2023 (T-IT) along with connected matters, which was disposed of on 03.07.2024. Consequently, the present Writ Petition was also disposed of in terms of that order. The Court ordered a Writ of Certiorari, quashing the Order-in-Original dated 27.03.2023 (issued on 24.04.2023) passed by the first respondent. As a consequential effect, the Garnishee Order dated 19.04.2024 issued by the third respondent was also quashed. The reasoning is based on the precedent established by the Bengaluru Bench. The operative direction was the quashing of both impugned orders and the disposal of the writ petition. No issues were expressly left undecided.

Key Issues

1. Whether the Order-in-Original dated 27.03.2023, issued by the first respondent, is liable to be quashed? 2. Whether the Garnishee Order dated 19.04.2024, issued by the third respondent, is liable to be quashed? The petitioner argued that both the Order-in-Original and the Garnishee Order should be quashed. The respondents, represented by their counsel, appeared before the court. The judgment states that the issue involved in the present writ petition is squarely covered by a previous decision of the Principal Bench at Bengaluru in W.P.No.11154/2023 (T-IT) along with connected matters, disposed of on 03.07.2024. No specific arguments from either side regarding the merits of the case or reliance on particular provisions, circulars, or precedents are recorded, other than the reference to the covering judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC-D:13399 WP No. 102887 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102887 OF 2024 (T-RES) BETWEEN: M/S. MEHTA LOGISTICS, H.NO.1062/A, MEHTA MANSION, GANDHI COLONY, HOSPET-583 203, (REPRESENTED BY ITS PROPRIETOR, SHRI. MANESH KUMAR S/O. KANTHILAL MEHTA, AGED ABOUT 45 YEARS). …PETITIONER (BY SRI. CHIDANAND URS AND SRI. SHASHANK.S.HEGDE., ADVOCATES) AND: 1. THE PRINCIPAL COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE OFFICE OF THE PRINCIPAL COMMISSIONER OF CENTRAL GST AND CENTRAL EXCISE, NO.71, CLUB ROAD, BELAGAVI-590 001. 2. THE COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX AND CENTRAL EXCISE, NO.71, CLUB ROAD, BELAGAVI-590 001. 3. THE SUPERINTENDENT OF CENTRAL TAX AND CENTRAL EXCISE, HOSPET-B RANGE, ABOVE MAX BUILDING, 2ND FLOOR, COLLEGE ROAD, HOSPET-583 201. …RESPONDENTS (BY SRI. SHIVARAJ.S.BALLOLI., ADVOCATE FOR R1-R3; R4 IS DELETED VIDE ORDER DATED 19.09.2024) Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-D:13399 WP No. 102887 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER Sri.Chidananda Urs.B.G., counsel for the petitioner has appeared through video conferencing. Sri.Shashank S.Hegde., counsel for the petitioner and Sri.Shivaraj S.Balloli., counsel for respondents 1 to 3 have appeared in person.

2.

The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Order-in-Original dated 27.03.2023 issued on 24.04.2023 in OIO Sl.No.BEL-EXCUS-000-HPT-DIV- COMMR-MG-54/2022-23-ST passed by the first respondent vide Annexure-B and the Garnishee Order dated 19.04.2024 issued by the third respondent in CBIC – DIN – 20240457TC050000E8A6 vide Annexure-D.

3.

Heard the arguments and perused the Writ papers with utmost care. NC: 2024:KHC-D:13399 WP No. 102887 of 2024

4.

The issue involved in the present Writ Petition is squarely covered by the decision of the Principal Bench at Bengaluru in W.P.No.11154/2023 (T-IT) along with connected matters disposed of on the 03rd day of July 2024. The captioned Writ Petition is also disposed of in terms of the order dated 03.07.2024 passed in W.P.No.11154/2023 (T-IT) along with connected matters.

5.

The Writ of Certiorari is ordered. The Order-in- Original dated 27.03.2023 issued on 24.04.2023 in OIO Sl.No. BEL-EXCUS-000-HPT-DIV-COMMR-MG-54/2022-23-ST passed by the first respondent vide Annexure-B is quashed. Consequently, the Garnishee Order dated 19.04.2024 issued by the third respondent in CBIC – DIN – 20240457TC050000E8A6 vide Annexure-D is also quashed.

6.

Resultantly, the Writ Petition is disposed of. (JYOTI MULIMANI) JUDGE TKN LIST NO.: 2 SL NO.: 46

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.