M/S Quadri And Company vs. Commercial Tax Officer

WA/100633/2023HC KarnatakaGSTCNR KAHC02018594202319 December 2023Bench: S.SUNIL DUTT YADAV,VIJAYKUMAR A.PATIL19 pages
AI SummaryPartly Allowed

Held

The High Court modified the interim order, directing the appellants to make a 25% deposit, secure tax and penalty via bank guarantee, furnish a bank guarantee for the invoice value of goods, and provide a personal bond for the differential valuation.

Facts

The appeals concerned interim orders passed by a Single Judge regarding the release of confiscated goods under GST. The revenue authorities challenged the conditions imposed for the release of these goods.

Key Issues

The primary issue was the adequacy of conditions imposed for the release of confiscated goods and whether the revenue could be placed in a worse position than the interim order allowed.

Sections Cited

Rule 140, Section 130

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Heard together (6 matters)

WA No. 100629 of 2023
WA No. 100630 of 2023
WA No. 100633 of 2023
WA No. 100634 of 2023
WA No. 100635 of 2023
WA No. 100636 of 2023

Read from the judgment's own cause title. This page is filed under one of them.

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NC: 2023:KHC-D:14861-DB WA No. 100629 of 2023 c/w WA No. 100630 of 2023, WA No. 100633 of 2023, WA No. 100634 of 2023, WA No. 100635 of 2023, WA No. 100636 of 2023

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF DECEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100629 OF 2023 (T-RES) C/W WRIT APPEAL NO. 100630 OF 2023 WRIT APPEAL NO. 100633 OF 2023 WRIT APPEAL NO. 100634 OF 2023 WRIT APPEAL NO. 100635 OF 2023 WRIT APPEAL NO. 100636 OF 2023

IN WA.NO. 100629/2023 BETWEEN

M/S QUADRI AND COMPANY A PROPRIETARY CONCERN REPRESENTED HEREIN BY ITS PROPERIOTOR MR. NAFIS C/O IZAZ AHMED HAVING ADDRESS AT GUPHS MANDAGADDE 1, 5, GAFFOR KHAN COMPLEX SHIVAMOGGA THIRTHAHALLI, N.H. 169-A ROAD NEAR LINGAPURA BUS STAND, LINGAPURA VILLAGE, MANDAGADDI HOBLI, LINGAPURA, SHIVAMOGGA 577220. ...APPELLANT (BY SRI. BHARAT RAICHANDANI, ADVOCATE FOR SRI. GANGADHAR S. HOSAKERI AND D.M. MALLI, ADVOCATES) AND 1 . COMMERCIAL TAX OFFICER (ENFORCEMENT-10) HUBBALLI, NAVANAGAR HUBBALLI

The judgment continues below.

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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.