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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.19130 OF 2022 (T-RES)
BETWEEN:
SRI. THEJAS ENTERPRISES
SRI VYSNAVI MILL COMPOUND
SURVEY NO.97/1, BELLARY ROAD
CHALLKERE – 577 522, CHITRADURGA DISTRICT
PROPRIETORSHIP CONCERN
REPRESENTED BY PROPRIETOR: GANIGA RAJESH BABU
S/O LATE G. CHANNAVEERA SWAMY
AGED ABOUT 41 YEARS
OCCUPATION: BUSINESS MEN
R/O VIJAYAMAHANTESH NILAYA
DOUBLE TANK ROAD, GANDHINAGARA
CHALLKERE – 577 522.
...PETITIONER
(BY SRI.C.M. RENUKAPRASAD, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
DEPARTMENT OF FINANCE
VIDHANASOUDA, BENGALURU – 560 001.
2.
ASSISTANT COMMISSIONER OF COMMERCIAL TAXES
OPPOSITE SRI SADGURU KABEERANANDA SWAMY
VIDYAPEETA, CHALLAKERE ROAD
CHITRADURGA – 577 501.
…RESPONDENTS
(BY SRI. HEMA KUMAR, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH BY WRIT OF
CERTIORARI, OR ANY OTHER APPROPRIATE WRIT OR ORDER
OR DIRECTION IN THE NATURE OF THE WRIT THE IMPUGNED
ORDER ISSUED BY THE RESPONDENT NO.2 BEARING NO.
ACCT/ENF/CTA/KGS/PNO.24/2022.23/T.NO.163 DATED 09.09.2022
AT ANNEXURE-H.
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THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
In this petition, petitioner has sought for the following
reliefs:
i)
Quash by writ of certiorari, or any other
appropriate writ, or order or direction in the
nature of the writ the impugned order issued by
the respondent No.2 bearing No. ACCT / ENF /
CTA / KGS / PNo-24 / 2022-23 / T. No.163
dated 09.09.2022 at Annexure – H in the
interest of natural justice and equity.
ii)
Award the cost of this writ petition and
iii)
Any other appropriate relief.
Heard learned counsel for the petitioner and
learned counsel for the respondents and perused the
material on record.
3.
Though several contentions have been urged
by both sides in support of their respective claims, having
regard to the availability of equal efficacious and alternate
remedy by way of an appeal under Section 107 of the
CGST / KGST Act, 2017, without expressing any opinion
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on the merits / demerits of the rival contentions, I deem it
just and appropriate to dispose of this petition reserving
liberty in favour of the petitioner to take recourse to such
remedies as available in law including preferring a statutory
appeal before the appropriate Appellate Authority, who
shall consider and pass appropriate orders on the same in
accordance with law.
4.
If the petitioner prefers an appeal within a
period of four weeks from today, petitioner would be
entitled to benefit of Section 14 of the Limitation Act.
Subject to the aforesaid directions and liberty
reserved in favour of the petitioner, petition stands
disposed of.
Sd/-
JUDGE
SV