Shri Laxmi Stone Crusher vs. The Assistant Commissioner Of Commercial Taxes (Audit)

Original PDF →
WP/107572/2023HC KarnatakaGSTCNR KAHC02016748202319 September 2024Bench: JYOTI MULIMANI3 pages
For Petitioner: SRI. H.R.KAMBIYAVAR., ADVOCATE [ABSENT]
AI SummaryDismissed

Facts

The petitioner, Shri. Laxmi Stone Crusher, represented by its partner, filed a writ petition before the High Court of Karnataka, Dharwad Bench. The petition was filed under Articles 226 and 227 of the Constitution of India. The case was listed for dismissal on September 19, 2024, due to non-compliance with office objections. Previously, on September 5, 2024, the petitioner was granted two weeks to comply with these objections, failing which the matter would be listed for dismissal. On the day of the hearing, the petitioner was not represented, and the office objections remained unaddressed. The Court noted that the petitioner had not complied with the previous order and appeared uninterested in pursuing the case.

Held

The Court held that the writ petition was to be dismissed for two primary reasons: non-prosecution and non-compliance with office objections. The Court observed that the petitioner was not represented when the case was called, indicating a lack of interest in pursuing the matter. Furthermore, despite a specific order granting two weeks to comply with office objections, these objections remained unaddressed. The Court found that the petitioner had not respected the previous order of the Court. Consequently, the writ petition was dismissed on these procedural grounds, without delving into the substantive merits of any potential GST-related issues that might have been raised.

Key Issues

1. Whether the writ petition should be dismissed for non-prosecution, considering the petitioner's absence and failure to represent their case. 2. Whether the writ petition should be dismissed for non-compliance with office objections, despite a specific order granting time for compliance. The petitioner's side, represented by an advocate, was expected to argue for the continuation of the writ petition, likely by demonstrating compliance with office objections or providing valid reasons for non-compliance and absence. The respondents, the Assistant Commissioner of Commercial Taxes (Audit), the Union of India, and the State of Karnataka, were not recorded as having made any arguments in this specific order, as the matter was dismissed on procedural grounds before substantive arguments could be heard. The judgment does not mention any specific GST provisions or precedents that were argued by either side.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC-D:13335 WP No. 107572 of 2023 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. 107572 OF 2023 (T-RES) BETWEEN: SHRI. LAXMI STONE CRUSHER, SY NO.67, SHITLARI VILLAGE, AT: MULGUND-582 117. DIST: GADAG. REP. BY IT’S PARTNER, SANJAY S/O MELAGIRIYAPPA NEELGUND, AGED ABOUT 50 YEARS, GSTIN: 29ABVFS6130K1ZF. …PETITIONER (BY SRI. H.R.KAMBIYAVAR., ADVOCATE [ABSENT]) AND: 1. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (AUDIT), GADAG, HUDCO, 2ND CROSS, MULGUND ROAD, NISARGA BUILDING, GADAG-582 101. 2. THE UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, THROUGH ITS SECRETARY (REVENUE), NORTH BLOCK, NEW DELHI-110 001. 3. THE STATE OF KARNATAKA DEPARTMENT OF FINANCE (GST WING), REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENTS Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-D:13335 WP No. 107572 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

When the case is called, the petitioner is not represented. When the case is listed and is called out, the advocate must be present. The absence may affect the case.

As could be seen from the daily order sheet, the petition was listed on 05.09.2024, on that day, finally two weeks time was granted to comply with the office objections, failing which, the office was directed to list this matter under the caption ‘for dismissal of petition for non-compliance of office objections’ on 19.09.2024. The petition is listed today under the caption ‘for dismissal’. Despite granting time, the office objections are not complied. The petitioner has not respected the Court order. As already noted above, when the case is called, the petitioner is not represented. It appears that the petitioner is not interested in prosecuting the petition. Hence, the Writ Petition is NC: 2024:KHC-D:13335 WP No. 107572 of 2023

dismissed for non-prosecution and also for non-compliance of office objections. (JYOTI MULIMANI) JUDGE MRP LIST NO.: 1 SL NO.: 11

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.