M/S Vishal Concrete Works vs. State Of Karnataka

WP/41633/2017HC KarnatakaGSTCNR KAHC01040545201718 September 2017Bench: VINEET KOTHARI8 pages
For Petitioner: SRI. K.M. SHIVAYOGISWAMY, ADVFor Respondent: SRI.T.K. VEDAMURTHY, AGA
AI SummaryDismissed

Held

The Court held that the initial notice clearly called for objections and proposals, and the petitioner failed to file specific objections. The Court also noted the availability of an alternative appellate remedy.

Facts

The petitioner challenged a reassessment order and demand notice, alleging that no specific proposition notice was given before the order was passed, despite a refund claim. The respondent argued that a notice was issued calling for objections and production of documents.

Key Issues

Whether the reassessment order was passed in violation of natural justice due to lack of a specific proposition notice. Whether an alternative appellate remedy bars the writ petition.

Sections Cited

Section 39(1), Section 62

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1/8 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18th DAY OF SEPTEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.41633/2017 (T-RES) BETWEEN: M/S VISHAL CONCRETE WORKS NO.18, KIDB INDUSTRIAL AREA HOSKOTE TALUK, CHINTAMANI ROAD BANGALORE RURAL-562114 REPRESENTED BY ITS VICE PRESIDENT SRI. NARAYANDAS JAJU AGED 56 YEARS. ... PETITIONER (BY SRI. K.M. SHIVAYOGISWAMY, ADV.,) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FINANCE, VIDHANA SOUDHA BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-5.4, DVO-5, ROOM NO.404, 4TH FLOOR B-BLOCK, VTK-2, KORAMANGALA BANGALORE-560047. ... RESPONDENTS (BY SRI.T.K. VEDAMURTHY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED REASSESSMENT

DATED 25.3.2017 AND THE CONSEQUENTIAL DEMAND NOTICE DATED 25.3.2017 PASSED BY R-2 UNDER THE PROVISIONS OF KVAT ACT IN RELATION TO Date of Order 18-09-2017 W.P.No.41633/2017 M/s. Vishal Concrete Works Vs. State of Karnataka & Anr.

2/8

THE ASSESSMENT PERIOD 2010-11 IN PETITIONER’S CASE A

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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.