M/S B S Channabasappa And Sons vs. The Deputy Commissioner Of
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Cause title — parties, addresses and appearances
ORAL ORDER
In this petition, the petitioner seeks the following reliefs: “A. The Petitioner humbly pray this Hon’ble Court may be pleased to issue a Writ of Certiorari or in the nature of Writ of Certiorari quashing the order dated 26.06.2024 in No.KGST/AP-258/2024-25 (Annexure-A) passed by the Second Respondent for the Tax Period 2018-19. b. This Hon’ble Court may be pleased to issue such other relief or reliefs as this Hon’ble Court deems fit, in the interest of justice, in the Petitioner’s case.”
Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
A perusal of the material on record will indicate that on 29.04.2024, respondent No.1 passed an order under Section 73(9) of the Karnataka Goods and Services Tax Act, 2017 / the Central Goods and Services Tax Act, 2017 (for short “the KGST Act” and “the CGST Act”). Subsequently, on 05.06.2024, respondent No.1 initiated proceedings by issuing a notice under Section 161 of the KGST Act. In the meanwhile, the petitioner filed an appeal on 06.06.2024 before respondent No.2-Appellate Authority challenging the aforesaid original order dated 29.04.2024. It is the grievance of the petitioner that while assigning erroneous reasons, respondent NC: 2024:KHC:33789 No.2 has dismissed the appeal filed by the petitioner vide impugned order dated 26.06.2024, which is assailed in the present petition.
Learned counsel for the petitioner submits that the aforesaid rectification proceedings initiated by respondent No.1 have culminated in an order passed against the petitioner, who have preferred an appeal against the rectification order also.
The said submission is placed on record.
Learned AGA for the respondents submits that there is no merit in the writ petition and that the same is liable to be dismissed.
The aforesaid facts and circumstances and the material on record will indicate that there are two appeals filed by the petitioner, which are pending before respondent No.2 as on today; one is the appeal filed against the Original Order dated 29.04.2024 and the other is on the rectification order passed by respondent No.1 subsequently. Under these circumstances, in order to provide sufficient and reasonable opportunity to both sides to put forth their respective contentions in both the appeals before respondent No.2, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and NC: 2024:KHC:33789 appropriate to set aside the impugned order and remit the matter back to be consolidated, clubbed, tried and disposed of along with the other appeal preferred by the petitioner against the rectification order.
In the result, I pass the following: ORDER i. The Writ Petition is allowed. ii. The impugned order at Annexure-A dated 26.06.2024 passed by respondent No.2 is hereby set aside. iii. The matter/appeal is remitted back to respondent No.2 for reconsideration afresh in accordance with law. iv. Respondent No.2-Appellate Authority shall be clubbed, consolidated, tried and disposed of together with the instant appeal filed by the petitioner against the rectification order in accordance with law. v. All rival contentions are kept open and no opinion is expressed on the same. (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 25
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.