M/S Bundl Technologies Private Limited vs. The Union Of INDIA

WP/4467/2021HC KarnatakaGSTCNR KAHC01009319202114 September 2021Bench: S SUNIL DUTT YADAV49 pages
For Petitioner: Sri Lakshmikumaran, Advocate for Sri Ravi Raghavan, Advocate
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Held

The Court directed the refund applications to be considered and suitable orders passed within four weeks, independent of the ongoing investigation. It also emphasized treating bona fide taxpayers with dignity and directed video recording of interrogations.

Facts

The petitioner, operating an e-commerce platform, sought a refund of Rs. 27,51,44,157/- allegedly collected under coercion during an investigation into its input tax credit claims. The investigation involved allegations of the petitioner availing credit from a non-existent entity.

Key Issues

Whether the amount collected under alleged coercion during investigation is refundable, and the constitutional validity of Section 16(2)(c) of the CGST Act.

Sections Cited

Section 16(2)(c), Section 74(5), Section 132(5)

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF SEPTEMBER 2021 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.4467/2021 (T-RES) Between: M/s. Bundl Technologies Private Limited No.55, Sy. No.8-14, Ground Floor, I & J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru - 560 103 (Rep. by Panduranga Acharya, Director - Legal).

… Petitioner (By Sri Lakshmikumaran, Advocate for Sri Ravi Raghavan, Advocate) And:

1.

The Union of India

Through its Revenue Secretary,

Department of Revenue,

Ministry of Finance,

128-A/North Block,

New Delhi - 110 001. 2. Directorate General of Goods and Services Tax Intelligence,

New Delhi,

5th Floor, MTNL Telephone,

Exchange Building,

8, Bhikaji Cama Place,

New Delhi, Delhi - 110 066. R

2

3.

Senior Intelligence Officer,

Directorate General of Goods and Services Tax Intelligence,

Hyderabad Zonal Unit - 500 016

H.No.1-11-222/4,

Lane opp: HDFC Bank.

4.

Deputy Director

Directorate General of Goods and Services Tax Intelligence,

Hyderabad Zonal Unit - 500 016

H.No.1-11-222/4,

Lane opp:

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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.