Karnataka High Court
M/S Sachin Kumar Contractor vs Joint Commissioner on 30 July, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:4289
WP No. 202159 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT PETITION NO.202159 OF 2025 (T-RES)
BETWEEN:
M/S. SACHIN KUMAR CONTRACTOR,
THROUGH ITS PROPRIETOR,
SRI. SACHIN KUMAR
S/O TIPPANNA,
AGE: 45 YEARS,
OCC: PROPRIETOR OF
M/S. SACHIN KUMAR CONTRACTOR,
R/O: KHAJA COLONY, JAGATAGAL,
TQ: JEWARGI, DIST: KALABURAGI - 585 310.
...PETITIONER
(BY SRI YASHAS S. DIKSHIT, ADVOCATE)
Digitally signed
by KHAJAAMEEN AND:
MALAGHAN
Location: HIGH 1. JOINT COMMISSIONER,
COURT OF
KARNATAKA OF COMMERCIAL TAX (APPEAL),
KALABURAGI DIVISION,
VKT BUILDING, NEAR RAILWAY STATION,
STATION BAZAR, KALABURAGI - 585 102.
2. COMMERCIAL TAXE OFFICER,
(AUDIT - 3), KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, A.G.A.)
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NC: 2025:KHC-K:4289
WP No. 202159 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI, QUASHING THE ORDER
09-07-2025 PASSED BY THE RESPONDENT NO.1 IN
GST.AP:474/2024-25/622/1, WHICH IS AT ANNEXURE-C,
CONSEQUENTIALLY, CONDONE THE DELAY AND FURTHER
DIRECT RESPONDENT NO.2 TO HEAR THE APPEAL FILED BY
THE PETITIONER HEREIN ON MERIT, IN THE INTEREST OF
JUSTICE AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL ORDER
The petitioner has challenged the order dated
09.07.2025 passed by respondent No.1 in case
No.GST:AP:474/2024/25/622/1.
NC: 2025:KHC-K:4289
HC-KAR
02. Heard the learned counsel for the petitioner and
the learned Additional Government Advocate for the
respondents.
03. Learned counsel for the petitioner would
contend that even though the Sub-Section 4 of the
Section 107 of the Karnataka Goods and Services Tax Act,
2017 (for short, 'the KGST Act, 2017'), provides for filing
an appeal within 03 months and extendable by one month,
does not bar entertaining the appeal beyond the said
period, if an application is made under Section 5 of the
Limitation Act seeking condonation of the delay. On that
point he placed reliance on the decision of this Court in the
case of M/S. Mahila Grahakar Sahakar Sangh Niyamit
vs. The Joint Commissioner of Goods and Service
Tax (Appeals) Kalaburagi and another in
W.P.No.200569/2025 (T-RES).
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HC-KAR
04. The petitioner has filed belated appeal along
with an application for condonation of delay. However, the
appellate authority i.e., respondent No.1 rejected the
appeal on the ground that the appeal was not filed within
three months plus one month, as prescribed under Section
107 of the KGST Act, 2017. The Coordinate Bench of this
Court in the case of M/S. Mahila Grahakar Sahakar
Sangh Niyamit (Supra) placing reliance on the decision
of the Hon'ble High Court of Calcutta, has held as
under:-
"Learned counsel for the petitioner contends that
the petitioner is entitled to seek for condonation
of delay by explaining the reason for not filing
the appeal in time. He submits that Section 5 of
the Limitation Act, 1963 (for short, 'the Act,
1963') is applicable to an appeal filed by the
petitioner. In support of his contentions, he
relied upon the judgment of the High Court of
Calcutta in Arvind Gupta Vs. Assistant
Commissioner of Revenue State Taxes,
Cooch Behar Charge and Others1.
WPA/2904/2023
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HC-KAR
Learned Additional Government Advocate though
contended that the petitioner was bound to file
an appeal within the time prescribed, did not
dispute the fact that the Calcutta High Court in
similar circumstances had held that Section 5 of
the Act, 1963 was applicable to an appeal filed
against an order passed by the Assessing
Authority."
05. The Coordinate Bench of this Court in the said
case has held that Section 5 of the Limitation Act, 1963, is
applicable to an appeal filed against an order passed by
the Assessing Authority.
06. In view of the aforesaid and in view of the fact
that the petitioner has stated that during the relevant
period, due to his ill-health, he could not file an appeal
within time and he has produced the medical certificate,
the petitioner was entitled to seek condonation of delay.
Accordingly, the following;
NC: 2025:KHC-K:4289
HC-KAR
ORDER
I. The Writ Petition is allowed.
II. The impugned order dated 09.07.2025 passed by
respondent No.1 in case No. GST : AP : 474 / 2024 /
25 / 622 / 1, is set-aside.
III. The matter is remitted back to respondent No.1, who
shall consider the application filed by the petitioner
seeking condonation of delay, on merits and in
accordance with law.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KJJ
CT:VK
