Trio Shipping Services PVT LTD vs. Assistant Commissioner Of Commercial Taxes

WP/27814/2024HC KarnatakaGSTCNR KAHC01057411202428 November 2024Bench: M.I.ARUN5 pages
For Petitioner: SRI. S RADHA KRISHNAN., ADVOCATEFor Respondent: SMT. JYOTHI M MARADI., ADVOCATE
AI SummaryRemanded

Held

The Court set aside the impugned order, finding that the petitioner was not afforded an adequate opportunity to participate in the proceedings. The matter was restored to the stage of the Show Cause Notice.

Facts

The petitioner claims they did not receive the Show Cause Notice as their registered email was not in operation. They also contend that a subsequent email requesting documents was sent on a Saturday with a very short deadline, preventing them from responding before the assessment order was passed.

Key Issues

Whether the petitioner was provided with a proper opportunity to be heard before the assessment order was passed, given the alleged non-receipt of the Show Cause Notice and the short notice for document submission.

Sections Cited

None explicitly mentioned in the judgment text.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC:48890 WP No. 27814 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 27814 OF 2024 (T-RES) BETWEEN: TRIO SHIPPING SERVICES PVT LTD., (A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND REPRESENTED BY ARVIND BR, BRANCH MANAGER OF THE COMPANY) 1570/1, B BLOCK, GROUND FLOOR, 12TH MAIN, 20TH C CROSS, SAHAKAR NAGAR, BENGALURU-560 092. …PETITIONER (BY SRI. S RADHA KRISHNAN., ADVOCATE) AND: ASSISTANT COMMISSIONER OF COMMERCIAL TAXES LOCAL GOODS AND SERVICE TAX OFFICE-152, NO.80, SECOND FLOOR, SAMAYA TOWERS, KODIGEHALLI MAIN ROAD, TATA NAGAR, BENGALURU-560 092. …RESPONDENT (BY SMT. JYOTHI M MARADI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED

NO.ACCT/LGSTO-152/ASSN-128/2023-24/DRC-07 DATED. 31.12.2023 (ANNX-A) AS ARBITRARY AND ILLEGAL AND UNSUSTAINABLE AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

Digitally signed

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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.