SRI. RANGASWAMY RANGANATH v. THE ASSISTANT COMMISSIONER
WP/36374/2025 · 2025-12-02
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51834 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51834 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50377 WP No. 36374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36374 OF 2025 (T-RES) BETWEEN:
1.
SRI. RANGASWAMY RANGANATH S/O RANGASWAMY K G, AGED ABOUT 37 YEARS, 115, 2ND CROSS, TELECOM LAYOUT, SG ASHWATH NAGAR, KOTTIGEPALYA, BENGALURU - 560 091 &PETITIONER (BY SRI. ANNAMALAI S., ADVOCATE) AND:
1.
THE ASSISTANT COMMISSIONER DIVISION-4, BENGALURU NORTH-WEST COMMISSIONERATE, OFFICE OF THE ASSISTANT COMMISSIONER OF CENTRAL TAX, 5TH FLOOR, 16/1, SP COMPLEX, LALBAGH ROAD, BENGALURU - 560 027
2.
THE ASSISTANT COMMISSIONER, NORTH WEST DIVISION-4, OFFICE OF THE ASSISTANT COMMISSIONER OF CENTRAL TAX, 2ND FLOOR, BMTC BUS STAND BUILDING BANASHANKARI, BENGALURU - 560 070 Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:50377 WP No. 36374 of 2025
3.
THE COMMISSIONER OF CENTRAL TAX (APPEALS-II), OFFICE OF THE COMMISSIONER OF CENTRAL TAX (APPEALS-II), TRAFFIC TRANSIT MANAGEMENT CENTRE, BMTC BUILDING, 4TH FLOOR, ABOVE BMTC BUS STAND, DOMLUR, OLD AIRPORT ROAD BENGALURU - 560 071 &RESPONDENTS (BY SRI. AKASH B. SHETTY, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW CAUSE NOTICE IN SCN NO.19/2020-21/AC NWD4 DATED 28.09.2020 ISSUED BY R-1 HEREIN MARKED AND REFERRED AS ANNX-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this Petition, petitioner seeks the following reliefs:
"Wherefore it is prayed that this Hon'ble Court be pleased to: I) Issue a writ of Certiorari quashing the show cause notice in SCN No. 19/2020-21/ AC NWD4 dated 28.09.2020 issued by Respondent No.1 herein marked and referred as Annexure-A.
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HC-KAR NC: 2025:KHC:50377 WP No. 36374 of 2025 II) Issue a writ of Certiorari quashing the order-in- original in Sl. No. 38/2024-25/AC NWD4 passed and issued on 03.09.2024 issued by Respondent No.2 herein marked and referred as Annexure-6, III) Issue a writ of Certiorari quashing the Order in Appeal, vide Order-In-Appeal No. 96/2025-26 CT passed and issued on 29.09.2025 issued by Respondent No.3 herein marked and referred as Annexure-C. IV) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity."
2. 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, the issue in controversy between the parties is directly and squarely covered by the judgment of the Co-ordinate Bench of this Court in the case of M/s. Karnataka Chinmaya Seva Trust Vs. Joint Commissioner of Central Tax in WP No.11154/2023 & connected matters dated 03.07.2024, wherein it was held as under;
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HC-KAR NC: 2025:KHC:50377 WP No. 36374 of 2025
"13. Accordingly, the following:
ORDER In light of observations made above, the writ petitions relating to challenge to show-cause notice, such matters will stand relegated to the officers to be designated in terms of the observations made in para 8 above, at the same stage. Accordingly, such of the petitions at Sl.No.1 to 5 in Column No.1 of the table relating to challenge to show-cause notice are disposed off. Insofar as such writ petitions as detailed in Column 2 of the table relating to challenge to Orders-in-Original, in light of the discussion made above, the Orders-in-Original stand set aside and the matters are relegated to the Officers to be designated to be reconsidered from the stage of show-cause notice. Accordingly, such of the petitions at Sl.No.1 to 35 in Column No.2 of the table relating to challenge to Orders-in-Original are
disposed off. The petitioners who are now relegated before the authorities concerned are at liberty to file their pleadings within a reasonable time as may be fixed by the Officers concerned. Wherever the matters are pending in appeal in light of the arrangement that is made, petitioners to file a memo for withdrawal of appeal and accordingly, the orders- in-original in question would also receive the same treatment, i.e. be set aside as per the directions made above. Wherever demands have been made pursuant to the impugned orders, such proceedings are also set aside."
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HC-KAR NC: 2025:KHC:50377 WP No. 36374 of 2025
4. Under these circumstances, the present petition is also disposed of in terms of the aforesaid judgment of the Co-ordinate Bench of this Court.
5. Accordingly, the impugned show-cause notice at Annexure-A dated 28.09.2020 and the impugned orders at Annexures-B and C dated 03.09.2024 and 29.09.2025 respectively, are hereby quashed.
Ordered accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 2 Sl No.: 15