- 1 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16317 OF 2025 (T-RES) BETWEEN: SMT. NANJUNDAPPA RASHMI W/O SRI NANJUNDA GOWDA AGED ABOUT 38 YEARS M/S. SHARAVYA CONSTRUCTIONS 2ND MAIN, MAHALAKSHMI LAYOUT 64, PAVANASUTHA NILAYA BENGALURU URBAN KARNATAKA – 560 064. …PETITIONER (BY SRI VENKATESH G., ADVOCATE) AND: THE ASSISTANT / DEPUTY COMMISSIONER OF CENTRAL TAX NORTH DIVISION – 8 Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 NORTH COMMISSIONERATE HMT BHAVAN, GANGA NAGAR BELLARY ROAD BENGALURU – 560 032. …RESPONDENT (BY SRI ARAVIND V.CHAVAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER-IN-ORIGINAL DTD. 28.03.2024 PASSED BY THE RESPONDENT DIGITALLY SIGNED ORDER-IN-ORIGINAL DTD. 28.03.2024 PASSED BY THE RESPONDENT BEARING OIO NO. 82/2023-24 ST ND-8 ENCLOSED HEREWITH AS ANNX-A; QUASH THE SHOW CAUSE NOTICE DTD. 22.10.2021 ISSUED BY THE RESPONDENT BEARING SCN NO. 139/2021- 22/ST(TPD)/AC ND 8, ENCLOSED HEREWITH AND MARKED AS ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: “i) Issue a writ of Certiorari quashing the Order-in- Original dated 28.03.2024 passed by the Respondent. Digitally signed Order-in-Original dated 28.03.2024 passed by the Respondent bearing OIO No. 82/2023-24 ST ND-8, enclosed herewith as Annexure-A. ii) Issue a writ of Certiorari quashing the show cause notice dated 22.10.2021 issued by the Respondent bearing SCN No: 139/2021-22/ST(TPD)/AC ND 8, enclosed herewith and marked as Annexure-B. iii) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity.” 2. Heard Sri. Venkatesh G, learned counsel appearing for the petitioner, Sri. Aravind V Chavan, learned counsel appearing for respondent and perused the material on record. 3. Learned counsel for the petitioner submits that the issue in the lis is akin to what is decided by the Coordinate Bench in KARNATAKA CHINMAYA SEVA TRUST vs. JOINT - 4 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 COMMISSIONER OF CENTRAL TAX, BENGALURU EAST1. He would submit that several of the petitions were disposed in the same terms. 4. Learned counsel for the Revenue would not dispute the position. 5. I, therefore, deem it appropriate to notice what the Coordinate Bench has held in the case of KARNATAKA CHINMAYA SEVA TRUST vs. JOINT COMMISSIONER OF CENTRAL TAX, BENGALURU EAST supra, which reads as follows: “10. The officers while disposing off the petitions to keep in mind the following: 1) Whether petitioners do not qualify under Section 65B(44) of the Finance Act, 1994 ? 2) Whether services are covered under negative list ? 3) Whether services are covered under the exemption list under the Notification No.25/2012-ST dated 28.06.2012 or under any other applicable Notifications? 4) Whether the person is liable to remit service tax in terms of Rule 2 (1) (d) read with applicable notification? 1 (2024) 25 Centax 382 (Kar.) - 5 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 5) Whether claims are barred by limitation in terms of the law laid down by the Apex Court ? 11. It is also clarified that disposal of present petitions must not be construed as having adjudicated any of the contentions including jurisdiction. All contentions of both sides on merits are kept open. 12. Needless to state, upon conclusion of proceedings, if any of the petitioners are still aggrieved, legal remedies are kept open. It is also clarified that wherever, replies to show-cause notice have not been made out, the same may be filed upon matter being relegated as noticed above. 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 - 6 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 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.” 6. In the light of the submissions so made, the petition deserves to be disposed, in the same terms as is done by the Coordinate Bench in the judgment quoted supra. 7. For the aforesaid reasons, the following: ORDER a. The Writ Petition is allowed. b. Order-in-Original bearing No.OIO 82/2023-24 ST ND-8 dated 28-03-2024 [Annexure-A] passed by the respondent stands quashed. c. The show cause notice dated 22-10-2021 issued by the respondent bearing SCN No.139/2021-22/ST(TPD)/AC ND 8, [Annexure- B] stands quashed. d. The matter is remitted back for reconsideration from the stage of show-cause notice afresh, to - 7 - HC-KAR NC: 2025:KHC:36055 WP No. 16317 of 2025 the hands of the respondent, in accordance with law, bearing in mind the observations made in KARNATAKA CHINMAYA SEVA TRUST supra. e. The petitioner is at liberty to file his pleadings within a reasonable time as may be fixed by the concerned Officer of the Revenue. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 84 CT:SS