M/S Balaji Enterprises vs. Union Of INDIA

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WP/9924/2025HC KarnatakaGSTCNR KAHC01021744202508 April 2025Bench: S.R.KRISHNA KUMAR4 pages
For Petitioner: SRI. H. RAMACHANDRA, ADVOCATEFor Respondent: SMT. JYOTHI M. MARADI, HCGP FOR R2; VIDE ORDER DATED 08.04.2025, NOTICE TO R1 IS DISPENSED WITH

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Cause title — parties, addresses and appearances
- 1 - NC: 2025:KHC:15149 WP No. 9924 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9924 OF 2025 (T-RES) BETWEEN: M/S. BALAJI ENTERPRISES, NO.168, 3RD FLOOR, 12TH CROSS ROAD, MUNISHWARA NAGAR, BENGALURU - 560 056, REP. BY ITS PROPRIETOR SRI. V. VENKATESHAIAH. …PETITIONER (BY SRI. H. RAMACHANDRA, ADVOCATE) AND: 1. UNION OF INDIA, DEPARTMENT OF COMMERCE AND INDUSTRY, VANIJYA BHAVAN, NEW DELHI - 110 011, REP. BY ITS CHAIRMAN 2. ASST. COMMISSIONER OF COMMERCIAL TAXES AUDIT-2.11, DGSTO-02, NO.642, FIRST FLOOR, PIONEER PLAZA, KENCHANAHALLI MAIN ROAD, R.R.NAGAR, BENGALURU - 560 098. …RESPONDENTS (BY SMT. JYOTHI M. MARADI, HCGP FOR R2; VIDE ORDER DATED 08.04.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by D HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15149 WP No. 9924 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-2 U/S 73(9) SECTION 50 AND SECTION 122(2) OF THE KGST ACT 2017 R/W CONCURRENT PROVISIONS OF THE CGST ACT 2017 AND THE IGST ACT 2017 FOR THE TAX PERIOD 2020-21 (APRIL 2020 TO MARCH 2021) ANNX-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER In this petition, the petitioner seeks for the following reliefs: (i) Issue a writ in the nature of certiorari or any other suitable writs, order, directions etc. by quashing the impugned order passed by the 2nd respondent u/s 73(9), Section 50 and Section 122(2) of the KGST Act 2017 r/w concurrent provisions of the CGST Act 2017 and the IGST Act 2017 for the tax period 2020-21 (April 2020 to March 2021), Annexure-E; (ii) Award cost and other reliefs as deems fit under the circumstance of the case; NC: 2025:KHC:15149

2.

After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file an appropriate appeal under Section 107 of Karnataka Goods and Service Tax Act, 2017. 3. Submission is placed on record.

4.

Petition stands disposed of as withdrawn reserving liberty in favour of the petitioner to file an appeal under Section 107 of the Karnataka Goods and Service Tax Act, 2017. 5. If such an appeal is filed within a period of six weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act.

6.

Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. NC: 2025:KHC:15149 Registry is directed to return back all the papers to the learned counsel for the petitioner forthwith without any delay. (S.R.KRISHNA KUMAR) JUDGE SS List No.: 1 Sl No.: 17 CT: BHK

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.