Tharu And Sons vs. The Assistant Commissioner

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WP(C)/27383/2022HC KeralaGSTCNR KLHC01057944202225 October 2022Bench: HONOURABLE MR. JUSTICE GOPINATH P.4 pages
AI SummaryDismissed

Facts

The petitioner, M/s. Tharu & Sons, filed a writ petition before the Kerala High Court challenging proceedings initiated by the Government of Karnataka, Department of Commercial Taxes. These proceedings, evidenced by Ext.P9 and Ext.P11, sought to recover Rs. 2,27,262/- from the petitioner towards interest on belated GSTR-3B filings for August 2017 to March 2018. The notices were issued to the petitioner at their Bangalore address. The petitioner argued that since recovery proceedings were being initiated against them within the jurisdiction of the Kerala High Court, the petition was maintainable. The recovery was sought from the petitioner's bank account maintained with the 2nd respondent bank, South Indian Bank, at its Palarivattom branch in Ernakulam, Kerala.

Held

The Court held that the writ petition is not maintainable before the Kerala High Court due to lack of territorial jurisdiction. The Court distinguished the present case from the precedent cited by the petitioner, Nawal Kishore Sharma v. Union of India and others. In the cited case, the Supreme Court found that a part of the cause of action arose within the territorial jurisdiction of the Patna High Court because notices were served on the appellant at his place of residence there. In contrast, the present proceedings (Exts.P9 and P11) were instituted by the Government of Karnataka and issued to the petitioner at their Bangalore address. The Court reasoned that merely because recovery proceedings are initiated in respect of amounts in a bank account maintained by the petitioner at a bank branch within the jurisdiction of the Kerala High Court does not confer territorial jurisdiction on the Kerala High Court to determine the validity of the proceedings initiated by the Karnataka authorities. The Court explicitly stated that it lacks territorial jurisdiction to decide the issues.

Key Issues

1. Whether the Kerala High Court has territorial jurisdiction to entertain a writ petition challenging recovery proceedings initiated by the Government of Karnataka, when the recovery is sought from a bank account located within the jurisdiction of the Kerala High Court. The petitioner contended that the writ petition is maintainable before the Kerala High Court because the recovery proceedings are being initiated against them within the Court's territorial jurisdiction. They relied on the Supreme Court's decision in Nawal Kishore Sharma v. Union of India and others to support their argument that a part of the cause of action arose within the Court's jurisdiction. The petitioner also asserted that they have a substantial case on merits. The revenue (Government of Karnataka) argued, implicitly through the Court's reasoning, that the proceedings were instituted by the Government of Karnataka and issued to the petitioner at their Bangalore address. The Court noted that the petitioner had participated in the proceedings initiated by the department.

Sections Cited

IGST Act, CGST Act, SGST Act

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
WP(C) NO. 27383 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF OCTOBER 2022 / 3RD KARTHIA, 1944 WP(C) NO. 27383 OF 2022 PETITIONER/S: M/S.THARU & SONS 2ND FLOOR, KALAMASSERY SERVICE CO-OP BANK BUILDING, NORTH KALAMASSERY, NEAR METRO PILLAR NO.250, KALAMASSERY P.O., ERNAKULAM DISTRICT, KERALA REPRESENTED BY ITS MANAGING PARTNER ANTONY TARU, AGED 49 YEARS, S/O TARUA A. PARACKA, RESIDING AT PARACKA HOUSE, KARIPAYI ROAD, THRIKKAKARA NORTH (PART), RAJAGIRI, KERALA, PIN - 683104 BY ADV P.M.POULOSE RESPONDENT/S: 1 THE ASSISTANT COMMISSIONER 2ND FLOOR, KIADB BUILDING, 14TH CROSS, PEENYA, 2ND STAGE, BANGALORE, PIN - 560058 2 THE SOUTH INDIAN BANK POST BOX NO.2284, JANATHA JUNCTION, PALARIVATTOM, ERNAKULAM REPRESENTED BY ITS BRANCH MANAGER, PIN - 682025 BY ADVS. Sunil Shankar A VIDYA GANGADHARAN(K/000424/2020) SANDHRA.S(K/001610/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27383 OF 2022 2

JUDGMENT Petitioner has filed this writ petition being aggrieved by proceedings initiated against the petitioner to recover certain amounts due from the petitioner towards interest on belated filing of GSTR-3B returns for the period from August 2017 to March 2018. The petitioner has challenged Ext.P9 proceedings through which a notice has been issued to the 2nd respondent bank to effect recovery of a sum of Rs.2,27,262/- towards interest payable under the provisions of the IGST/CGST/SGST Acts, 2017 by the petitioner. The petitioner has also produced Ext.P11, through which it has been decided that the petitioner is liable to pay interest. A perusal of Exts.P9 and P11 will show that these proceedings have been instituted by the Government of Karnataka in the Department of Commercial Taxes. These notices have also been issued to the petitioner at their local address in Bangalore.

2.

The learned counsel appearing for the petitioner would submit that since the recovery proceedings are being initiated against the petitioner within the juri iction of this Court, it is open to the petitioner to challenge the proceedings by filing the present writ petition before this Court. The learned counsel for the petitioner also relies on the judgment of the Hon’ble Supreme Court in Nawal Kishore Sharma v. Union of India and others [2014 KHC 4507] to contend that the present writ petition is maintainable before this Court. It is also submitted that the petitioner has a substantial case on merits.

3.

Having heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent bank, I am of the view that the present writ petition is not maintainable before this Court. The facts of the WP(C) NO. 27383 OF 2022 3 case in Nawal Kishore Sharma (supra) indicate that, that was a case where the appellant was working in the Shipping Corporation of India. He was declared permanently unfit for sea service due to certain health issues and his registration as a Seaman was cancelled. The appellant in that case was a native of Bihar and he had raised a demand for settlement of certain financial claims on cancellation of registration as a Seaman while at his place of residence in Bihar. Those claims were responded to or replied to by authorities and these notices etc. were served on the appellant therein at his place of residence within the juri iction of the Patna High Court. It is in these circumstances that the Hon’ble Supreme Court came to the conclusion that at least a part of the cause of action has arisen within the territorial juri iction of the Patna High Court. As already noticed, both Exts.P9 and P11 proceedings have been instituted by the Government of Karnataka in the Commercial Taxes Department and were issued to the petitioner at its local address in Bangalore. It also appears that the petitioner has taken part of the proceedings initiated by the department as is evident from Ext.P11. Merely because the recovery proceedings are initiated in respect of amounts in a bank account maintained by the petitioner at the 2 nd respondent bank at its Palarivattom branch does not mean that this Court has territorial juri iction to determine the validity of Exts.P9 and P11. The writ petition is therefore dismissed holding that this Court lacks territorial juri iction, to decide the issues. GOPINATH P. JUDGE okb/25.10.22 //// P.S. to Judge

WP(C) NO. 27383 OF 2022 4

Appendix — schedule of exhibits
APPENDIX OF WP(C) 27383/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 16.2.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF REPLY DATED 9.3.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF NOTICE DATED 10.2.2022 SENT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF NOTICE DATED 25.2.2022 SENT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF REPLY DATED 15.2.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF REPLY DATED 4.3.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF ENDORSEMENT DATED 12.7.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF REPLY DATED 18.7.2022 SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF DEMAND NOTICE DATED 6.8.2022 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF LETTER DATED 11.8.2022 SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF ENDORSEMENT DATED 18.8.2022 SENT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P12 TRUE COPY OF THE NOTIFICATION NO.33/2021 - CENTRAL TAX, NEW DELHI DATED 29.8.2021 ISSUED BY GOVERNMENT OF INDIA Exhibit P13 TRUE COPY OF THE TABLE TAKEN BY PETITIONER FROM INTERNET TO PROVE THAT PETITIONER FILED GSTR-3B MUCH BEFORE 30.11.2021

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.