M/S Banyan Projects INDIA PVT LTD vs. Local Goods And Services Tax Officer-45

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WP/22374/2019HC KarnatakaGSTCNR KAHC01010963201906 June 2019Bench: S.SUJATHA4 pages
AI SummaryRemanded

Facts

The petitioner, M/s Banyan Projects India Pvt. Ltd., filed a writ petition challenging an order dated 22.05.2019 passed by the respondent, the Local Goods and Services Tax Officer-45. This order cancelled the petitioner's GST registration. The petitioner's grievance was that it was not provided with adequate opportunity to explain its failure to furnish returns from October 2018 to April 2019, which led to the cancellation. The respondent authority acknowledged that the primary reason for cancellation was the non-filing of returns for the specified period.

Held

The Court held that the petitioner's grievance could be redressed by the respondent authority under Section 30 of the Karnataka Goods and Services Tax Act, 2017. The Court directed the petitioner to submit the pending returns for the tax periods October 2018 to April 2019 within two weeks from the date of receiving a certified copy of the order. Upon submission, the respondent authority was to consider these returns and revoke the cancellation of registration in accordance with Section 30 of the Act. The respondent authority was also directed to assist the petitioner with any technical glitches encountered while filing these returns and subsequent ones. The Court found that the mechanism for revocation of cancellation under Section 30 provided a suitable remedy.

Key Issues

1. Whether the cancellation of the petitioner's GST registration by the respondent authority was justified without providing adequate opportunity for explanation, concerning the non-furnishing of returns for the period October 2018 to April 2019, under the Karnataka Goods and Services Tax Act, 2017? Petitioner's contention: The petitioner argued that it was not given a proper opportunity to present its explanation for the delay in filing returns, leading to the cancellation of its registration. Respondent's contention: The respondent authority conceded that the cancellation was due to non-filing of returns for October 2018 to April 2019. However, the respondent authority stated it was empowered to revoke the cancellation under Section 30 of the Act if the pending returns were submitted within a timeframe fixed by the Court.

Sections Cited

Section 30

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2019 BEFORE: THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.22374/2019 (T – RES) BETWEEN: M/s BANYAN PROJECTS INDIA PVT. LTD., NO.770, ESCAPE HOTELS 100FEET ROAD, 12TH MAIN, HAL 2ND STAGE, INDIRANAGAR BANGALORE-38 REP. BY ITS DIRECTOR RAVINDRA ... PETITIONER [BY SRI MOHAMMED MUJASSIM, ADV.] AND: LOCAL GOODS AND SERVICES TAX OFFICER-45 9TH MAIN ROAD, NEAR BDA COMPLEX INDIRANAGAR BANGALORE-38 …RESPONDENT [BY SRI VIKRAM HUILGOL, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.05.2019 PASSED BY THE RESPONDENT VIDE ANNEXURE-A TO THE W.P. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:- - 2 -

O R D E R

The petitioner has challenged the order dated 22.05.2019, passed by the respondent vide Annexure – A to the writ petition whereby the registration of the petitioner under the provisions of the Karnataka Goods and Services Act, 2017 (‘Act’ for short) has been cancelled.

2.

The grievance of the petitioner is that no adequate opportunity was provided to putforth its explanation for not furnishing the returns well within time from October, 2018 to April 2019, the reason for which the Registration Certificate has been cancelled by the respondent.

3.

Learned counsel appearing for the respondent fairly and rightly submits that the primary reason for cancellation of the Registration Certificate being non-filing of the required returns for the months October 2018 to April 2019, the respondent - authority being empowered to revoke the cancellation of registration under Section 30 of the Act, if such returns for the aforesaid periods are submitted by the petitioner within a time frame to be fixed by this Court, the same shall be considered by the respondent – authority and the cancellation of the registration can be revoked in terms of Section 30 of the Act.

4.

In view of the aforesaid, the petitioner’s grievance could be redressed by the respondent – authority as provided under Section 30 of the Act. In the circumstances, to meet the ends of justice this Court deems it appropriate to direct the petitioner to submit the returns relating to the tax periods for October 2018 to April 2019 within a period of two weeks from the date of receipt of the certified copy of the order before the respondent - authority and on such submission of the returns by the petitioner, the same shall be considered by the respondent - authority in accordance with law and the cancellation of registration can be revoked in terms of Section 30 of the Act.

5.

It is needless to observe that the respondent – authority shall assist the petitioner relating to the technical glitches, if any, in filing the returns for the tax periods October 2018 to April 2019 as well as for the subsequent tax periods.

With the aforesaid observations and directions, the writ petition stands disposed of. JUDGE

PMR

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.