Gland Chemicals PVT. LTD. vs. The Principal Additional Director General

WP/24577/2023HC KarnatakaGSTCNR KAHC01057057202307 December 2023Bench: B M SHYAM PRASAD9 pages
For Petitioner: SRI. SANDEEP HUILGOL., ADVOCATE
AI SummaryPartly Allowed

Held

The Court directed the Joint Commissioner of Commercial Taxes (Appeals) to dispose of the petitioner's appeal against the refund rejection order within six weeks. This disposal is without prejudice to the petitioner's grievance against the show cause notice.

Facts

The petitioner challenged show cause notices issued under Section 74 of the CGST Act. The petitioner had also deposited a significant sum, which was later rejected for refund, and an appeal against this rejection was pending.

Key Issues

Whether the deposit made by the petitioner was voluntary and whether the pending appeal against refund rejection should be expedited.

Sections Cited

Section 74, Section 107(6)

AI-generated summary — verify with the full judgment below

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NC: 2023:KHC:44381 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24577 OF 2023 (T-RES) BETWEEN:

GLAND CHEMICALS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS OFFICE AT NO.42-B, 2ND PHASE, KIADB INDUSTRIAL AREA, MALUR, KOLAR 563160. AND ITS REGISTERED OFFICE AT PLOT NO.218, ROAD NO.17, JUBILEE HILLS, HYDERABAD-500023. REP HEREIN BY ITS MANAGER, MR C DAYAKAR. …PETITIONER (BY SRI. SANDEEP HUILGOL., ADVOCATE) AND:

1.

THE PRINCIPAL ADDITIONAL DIRECTOR GENERAL DIRECTORATE GENERAL OF GOODS AND SERVICES, TAX INTELLIGENCE, BENGALURU ZONAL UNIT, NO.112, SP ENCLAVE, ADJACENT TO KARNATAKA BANK K H ROAD, BENGALURU 560027 ANAND N Location: HIGH COURT OF KARNATAKA NC: 2023:KHC:44381

2.

THE ADDITIONAL DIRECTOR DIRECTORATE GENERAL OF GOODS AND SERVICES, TAX INTELLIGENCE, BENGALURU ZONAL UNIT, NO.112, SP ENCLAVE, ADJACENT TO KARNATAKA BANK K H ROAD, BENGALURU

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