Citation : 2023 Latest Caselaw 8410 Kant
Judgement Date : 24 November, 2023
-1-
NC: 2023:KHC-D:13749
WP No. 106601 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 106601 OF 2023 (T-RES)
BETWEEN:
M/S. CREST SPECIALTY RESINS PVT. LTD,
REP BY ITS COMMERCIAL MANAGER,
SHRI. RAVI S/O. AMAGOND DUDAGI,
PLOT NO. 552(B) & 558 (C),
KIADB, BELUR INDUSTRIAL AREA,
DHARWAD-580011, AGED ABOUT 40 YEARS,
GSTIN: 29AAACC63333R1ZS.
...PETITIONER
(BY SMT. ROOPA ANAVEKAR, ADV. FOR SRI H. R.
KAMBIYAVAR, ADVOCATE)
AND:
1. THE COMMISSIONER OF CENTRAL GST
AND CENTRAL EXCISE (APPEALS),
MOHANKUMAR NO. 71, CLUB ROAD, BELAGAVI-590009.
B SHELAR
Digitally signed by
2. THE DEPUTY COMMISSIONER OF CENTRAL TAX
MOHANKUMAR B
SHELAR CENTRAL EXCISE, DHARWAD DIVISION,
Date: 2023.11.28
11:23:56 +0530 2ND FLOOR, CR. BUILDING,
NAVANAGAR, HUBBALLI-580025.
3. THE STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY,
FINANCE DEPARTMENT ,
GOVERNMENT OF KARNATAKA ,
BENGALURU-560001.
4. THE PRINCIPAL CHIEF COMMISSIONER
OF CENTRAL TAX, 1, QUEENS RD,
-2-
NC: 2023:KHC-D:13749
WP No. 106601 of 2023
VASANTH NAGAR, BENGALURU,
KARNATAKA-560001.
5. THE PRINCIPAL ADDITIONAL GENERAL
OF SYSTEMS AND DATA MANAGEMENT
GST AND CENTRAL EXCISE, GST BHAVAN
NO. 26/1, MAHATHMA GANDHI ROAD,
NUNGAMBAKKAM, CHENNAI-34, TAMILNADU.
...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR RESP. NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF CERTIORARI OR IN THE LIKE NATURE OF
CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.
APPEAL NO. BGM-JJ-ADC-52-2023-24-GST DATED 14.08.2023,
PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-F AND ISSUE
WRIT OF MANDAMUS OR IN THE LIKE NATURE OF MANDAMUS
OR DIRECTION TO THE RESPONDENT NO.2, TO CONSIDER THE
REPLY DATED 29.04.2023 VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that the issue
involved in this case is squarely covered by the Judgment of
this Court passed in Writ Petition No.103626/2023 dated
13.10.2023. Therefore, this petition is dismissed as withdrawn.
Petitioner is permitted to avail such other remedy as extended
by the revenue under the GST amnesty scheme.
Sd/-
JUDGE Ckk/ ct-an
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