M/S Dlf Projects Limited vs. State Of Karnataka

WP/24572/2022HC KarnatakaGSTCNR KAHC01056892202208 December 2022Bench: S.R.KRISHNA KUMAR6 pages
For Petitioner: SRI RAVI RAGHAVAN, ADVOCATE AND MISS.MEGHNA LAL, ADVOCATEFor Respondent: SRI HEMA KUMAR, AGA
AI SummaryAllowed

Held

The Court held that the respondent was estopped from rectifying the order after unequivocally granting the benefit of the Karasamadhana Scheme. The impugned rectification proceedings and order were illegal and arbitrary.

Facts

The petitioner sought to quash a rectification order and consequential demand notice related to input tax credit. The petitioner had previously been granted waiver of penalty and interest under the Karasamadhana Scheme, 2019.

Key Issues

Whether the respondent could rectify a previous order after granting benefits under a waiver scheme? Whether the rectification order was arbitrary and illegal?

Sections Cited

Section 39, Section 69(1)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2022 BEFORE THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.24572 OF 2022 (T-RES) BETWEEN: M/S DLF PROJECTS LIMITED SY.NO.353/1354/1355/1359/362/1, PROPERTY NO.356/1/1, AKSHAYANAGAR, DLF NEW TOWN, BENGALURU – 560 068 MR. NIRAJ KUMAR JAIN, GENERAL MANAGER (ACCOUNTS) THE COMPANIES ACT, 1956 REGISTERED DATED 16.12.2010 … PETITIONER (BY SRI RAVI RAGHAVAN, ADVOCATE AND MISS.MEGHNA LAL, ADVOCATE) AND: 1 . STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001 2 . THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA, GANDHINAGAR, BANGALORE-560 009 3 . DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-5.1 DGSTO-5, 5TH FLOOR, B BLOCK, VTK-2, RAJENDRA NAGAR, KORAMANGALA, BENGALURU-560 047 … RESPONDENTS (BY SRI HEMA KUMAR, AGA) 2 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RECTIFICATION

NO.DCCT(A)-5.1/DGSTO.5/VAT(2011- 12)/2022-23 T.NO.-287/22-23 DATED 29.10.2022 AND THE CONSEQUENTIAL DEMAND

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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.