- 1 - HC-KAR NC: 2025:KHC-D:13052 WP No. 105216 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105216 OF 2025 (T-RES) BETWEEN: S.P. MUTHURAMAN PARTNER OF SHREE YELLAMMA SPINNING MILLS, CTS NO.59/3, 3/5/A, GADAG HUBLI ROAD, FCSM LTD., GADAG-582205, GSTN NO. 29ACCFS9171L1ZF. …PETITIONER (BY SRI. S.G. SOLARGOPPA, ADVOCATE) AND: THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, LGSTO 350, GADAG. …RESPONDENT (BY SRI. SHARAD V.MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER DATED 09-08-2023 PASSED BY THE RESPONDENT ORDER AND REFERENCE NO. ZD290823011601M GST VIDE ANNEXURE-‘A’ IN THE INTEREST OF JUSTICE AND EQUITY; II. AND ALSO PASS SUCH OTHER AND FURTHER RELIEF AS THIS HON BLE COURT DEEMS FIT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13052 WP No. 105216 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondent. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ of certiorari or any other appropriate writ or order quashing the order dated 09-08-2023 passed by the Respondent order and Reference no. ZD290823011601M GST vide Annexure-‘A’ in the interest of justice and equity. ii. And also pass such other and further relief as this Hon’ble Court deems fit considering the facts and circumstances of the case, to meet the ends of justice. 3. The dispute in the present matter is as regards the claim of Input Tax Credit for the financial year 2017- 2018. The said issue is covered by the decision of a Co-ordinate bench of this Court dated 06.01.2023 in WP No.16175/2022. - 3 - HC-KAR NC: 2025:KHC-D:13052 WP No. 105216 of 2025 4. In that view of the matter, for the very same reasons, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued, the order 09.08.2023 passed by respondent at Annexure-A is set-aside. iii. The respondent shall issue a fresh show-cause notice to the petitioner on complying with the Circular No.183/15/2022-GST dated 27.12.2022 and pass necessary orders. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT: UMD List No.: 1 Sl No.: 7