M/S. Neozone Building Technologies LLP vs. The Additional Commissioner Of Central Tax
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Cause title — parties, addresses and appearances
ORAL ORDER
In this petition, the petitioner seeks the following reliefs: “(a) Issue a writ of Certiorari or directions in the nature of Certiorari, to aside the impugned ex-parte order passed by the respondent bearing GEXCOM/ADJN/ST/JC/632/2021- TR-O/o Pr COMMR-CGST-Bengaluru (w) vide OIO No.57/2024-25-SERVICE TX/ DIN- 20240857YU0000621061 dated 02.08.2024 vide Annexure-C. (b) Issue such other writ or orders as deemed fit in the circumstances of the case in the interest of justice and equity.” NC: 2024:KHC:41101
Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
Though several contentions have been urged by both sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgment of the Co-ordinate Bench of this Court in the case of M/s. Karnataka Chinmaya Seva Trust Vs. Joint Commissioner of Central Tax in WP No.11154/2023 & connected matters dated 03.07.2024, wherein it was held as under; "
Accordingly, the following: 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 NC: 2024:KHC:41101 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."
Under these circumstances, the present petition is also disposed of in terms of the aforesaid judgment of the Co-ordinate Bench of this Court.
Accordingly, the impugned ex-parte order at Annexure-C dated 02.08.2024 passed by the respondent is hereby quashed.
Ordered accordingly. (S.R.KRISHNA KUMAR) JUDGE
YN List No.: 3 Sl No.: 10
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.