Bsr Hipl Sscipl Jv A Joint Venture vs. The Principal Commissioner And Ors

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WP/202917/2023HC KarnatakaGSTCNR KAHC03008928202311 September 2024Bench: SURAJ GOVINDARAJ4 pages
For Petitioner: SRI. AMRESH S ROJA, ADVOCATEFor Respondent: SRI. GIRISH S. HULIMANI., ADVOCATE FOR R1 TO R3
AI SummaryPartly Allowed

Facts

The petitioner, BSR HIPL SSCIPL JV, filed a writ petition before the High Court of Karnataka, Kalaburagi Bench, challenging an Order-in-Original (OIO) bearing No. BEL-EXCUS-COM-MG-60-2022-23-ST dated 26.04.2023, passed by the Principal Commissioner of Central Tax and Central Excise (Respondent No. 1). The petitioner sought to quash this order. The respondents were the Principal Commissioner, the Assistant Commissioner of Central Tax, and the Superintendent of Central Tax. The specific tax period and the amount in dispute were not explicitly detailed in the provided text. The procedural history leading to the OIO is not elaborated.

Held

The Court held that the present writ petition was covered by the decision of a co-ordinate bench in M/s Karnataka Chinmaya Seva Trust vs. Joint Commissioner of Central Tax in WP No.11154/2023 & connected matters dated 3.7.2024. Following the operative directions of that precedent, the Court decided to set aside the Order-in-Original and relegate the matter to designated officers. These officers are to reconsider the demand of the revenue and the reply of the assessee in accordance with the law. The designated officers are directed to complete this reconsideration within a period of 90 days from the date of receipt of a copy of the order. The Court expressly did not decide on the merits of the original demand or the petitioner's reply, as the matter was being remanded for fresh consideration.

Key Issues

The primary issue before the Court was whether the Order-in-Original (OIO) dated 26.04.2023, passed by Respondent No. 1, was valid and ought to be quashed. The Court had to decide the appropriate course of action for the writ petition, considering a prior judgment of a co-ordinate bench. The petitioner argued for the quashing of the OIO. The respondents, represented by their counsel, did not present separate arguments but submitted that the matter was covered by the co-ordinate bench's decision. The Court's decision hinged on the applicability of the precedent set in M/s Karnataka Chinmaya Seva Trust vs. Joint Commissioner of Central Tax in WP No.11154/2023 & connected matters dated 3.7.2024.

Sections Cited

Not specified in the judgment text.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC-K:6883 WP No. 202917 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 202917 OF 2023 (T-IT) BETWEEN: BSR HIPL SSCIPL JV A JOINT VENTURE REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.SRINIVAS RAO BALASU SON OF SHRI B.VENKATRAO AGED 54 YEARS, DOOR NO.9-5-537/2 SHIVAJI RAO BIRADAR HOUSE MADJOOM JI SHAH DARGA CHIDRI ROAD, BIDAR-585101 …PETITIONER (BY SRI. AMRESH S ROJA,ADVOCATE) AND: 1. THE PRINCIPAL COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE GST BELAGAVI COMMISSIONERATE NO 71, CLUB ROAD, BELAGAVI -590001 2. THE ASSISTANT COMMISSIONER OF CENTRAL TAX, KALABURAGI DIVISION BEHIND DOORDARSHAN KENDRA KAPNOOR, KALABURAGI-585104. 3. THE SUPERINTENDENT OF CENTRAL TAX, RANGE BIDAR MIG-24, K.H.B.COLONY BIDAR-585401. …RESPONDENTS (BY SRI. GIRISH S. HULIMANI., ADVOCATE FOR R1 TO R3) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-K:6883 WP No. 202917 of 2023 THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT/TO QUASHING IMPUGNED ORDER IN ORIGINAL (OIO) BEARING NO. BEL-EXCUS- COM-MG-60-2022-23-ST (DIN 20230457TC0000777B13) DATED 26.04.2023 PASSED BY RESPONDENT NO. 1 VIDE ANNEXURE A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1.

The petitioner is before this Court seeking for the following reliefs;

a. Issue a writ in the nature of mandamus or any other writ to quash Order-in-Original (OIO) bearing No.BEL-EXCUS-COM-MG-60-2022-23-ST (DIN 20230457TC0000777B13) dated 26.04.2023 (Annexure-A) passed by Respondent No.1;

b. Grant such other order or direction as deemed fit in the facts and circumstances of the case in the interest of justice.

2.

Both the counsel submits that the lis in the present matter is covered by a decision of a Co-ordinate Bench of this Court in M/s Karnataka Chinmaya NC: 2024:KHC-K:6883 Tax in WP No.11154/2023 & connected matters dated 3.7.2024. The operative portion of the said order reads as under; ORDER

In light of observations made above, the writ petitions relating to challenge to show-cause notice, such matters will stand relegated to the officers to be designated in terms of the observations made in para 8 above, at the same stage. Accordingly, such of the petitions at Sl.No.1 to 5 in Column No.1 of the table relating to challenge to show-cause notice are disposed off. Insofar as such writ petitions as detailed in Column 2 of the table relating to challenge to Orders-in- Original, in light of the discussion made above, the Orders-in-Original stand set aside and the matters are relegated to the Officers to be designated to be reconsidered from the stage of show-cause notice. Accordingly, such of the petitions at Sl.No.1 to 35 in Column No.2 of the table relating to challenge to Orders-in-Original are disposed off.

The petitioners who are now relegated before the authorities concerned are at liberty to file their pleadings within a reasonable time as may be fixed by the Officers concerned. Wherever the matters are pending in appeal in light of the arrangement that is made, petitioners to file a memo for withdrawal of appeal and accordingly, the orders-in-original in question would also receive the same treatment, i.e. be set aside as per the directions made above.

Wherever demands have been made pursuant to the impugned orders, such proceedings are also set aside. NC: 2024:KHC-K:6883

3.

In view of the submission made by both the counsel and the order passed in WP No.11154/2023 being applicable to the present matter also, I passed the following; ORDER i. The writ petition is partly allowed. ii. The petitioner is relegated to officers so designated in terms of para 7 and 8 of the order in WP No.11154/2023. iii. The said officers to consider the demand of the revenue and reply of the assessee in accordance with law, within a period of 90 days from the date of receipt of a copy of this order. (SURAJ GOVINDARAJ) JUDGE

SR List No.: 1 Sl No.: 0

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.