- 1 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38054 OF 2025 (T-RES) BETWEEN: M/S. GOKULA EDUCATION FOUNDATION (MEDICAL) A REGISTERED CHARITABLE TRUST, REPRESENTED BY ITS TRUSTEE SRI. M R JAYARAM, S/O LATE. M S RAMAIAH AGED ABOUT 78 YEARS, GOKUKA EXTENSION, MSR NAGAR, MATHIKERE, BENGALURU-560054. REGISTERED UNDER GST ACT WITH GSTIN-29AAATG1779Q1ZW …PETITIONER (BY SRI. ANNAMALAI S.,ADVOCATE) AND: 1. THE JOINT COMMISSIONER OF CENTRAL TAX, OFFICE OF COMMISSIONER OF CENTRAL TAX. BENGALURU NORTH COMMISSIONERATE, HMT BHAVAN, GANGANAGAR, BENGALURU-560 032 2. THE ADDITIONAL COMMISSIONER OF CENTRAL TAX, BENGALURU NORTH COMMISSIONERATE, HMT BHAVAN, GANGANAGAR, BENGALURU-560 032 3. THE COMMISSIONER OF CENTRAL TAX, APPEALS-II, TTMC, BTMC BUILDING, 4TH FLOOR, ABOVE BTMC BUS STAND, DOMLUR, OLD AIRPORT ROAD, BENGALURU-560 071. …RESPONDENTS (BY SRI.AKASH B. SHETTY, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE SHOW CAUSE NOTICE DATED 04.08.2024 BEARING SCN NO.116/2024-25 ISSUED BY THE RESPONDENT NO.2, HEREIN MARKED AS ANNEXURE-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: i) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the show cause notice dated 04.08.2024 bearing SCN No.116/2024-25 issued by the Respondent No.2, herein marked as Annexure-A. ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the Order-in-original dated 05.02.2025 bearing Order No. 143/2024-25/GST/JC and DIN 202502570000003303BB passed by the Respondent No.1, herein marked as Annexure-B1. iii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the online Order under section 74 and Summary of the Order in Form GST DRC-07 for the financial years July 2017 to September 2022 dated 05.02.2025 bearing Reference No. ZD2902250198258 issued by the Respondent No.1, herein marked as Annexure-B2. - 3 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 iv) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the Order-in-Appeal dated 29.08.2025 in Appeal No. 52/2025-26 A-II and order-in- appeal no. 29/2025-26 CT and DIN 2025085700000000EFFD passed by the Respondent No.3, herein marked as Annexure-C. v) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity including the cost of this writ petition. 2. 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 this Court in the case of M/S Pramur Homes And Shelters Vs. The Union of India and Ors. in WP No.33081/2025 dated 11.12.2025. 3. In the said judgment, this Court formulated two points for consideration, which reads as under: (i) Whether clubbing/consolidation/bunching/ combining of multiple tax periods/financial years in a Single/Composite Show cause notice issued under Section 73 / 74 of the CGST/ KGST Act , 2017 is permissible and valid in law? - 4 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 (ii) Whether the impugned Show cause notice dated 30.09.2025 issued by the 4th respondent to the petitioner for the tax periods/financial years from 2019-20 to 2023-24 under Section 74 of the CGST/ KGST Act, 2017 warrants interference by this Court in the present petition? 4. Issue No.1 was answered by this Court in favour of the petitioner by holding as under: Point No.(i) is accordingly answered in favour of the petitioner/tax payer/assessee by holding that clubbing/ consolidation/ bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73/74 of the CGST/KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law and contrary to the provisions of the CGST/KGST Act. 5. So also point No.2 was also answered by this Court in favour of the petitioner by quashing the impugned Show Cause Notice by holding as under: “Re: Point No.(ii); - 5 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 9. While dealing with Point No. (i) supra, I have already come to the conclusion that clubbing / consolidation / bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73 / 74 of the CGST / KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law and contrary to the provisions of the CGST / KGST Act. In the instant case, a perusal of the impugned Show cause notice dated 30.09.2025 will indicate that the same encompasses and pertains to multiple tax periods/financial years, viz., from 2019-20 to 2023-24, which is impermissible in law and consequently, the impugned Show cause notice and all further proceedings pursuant thereto are also vitiated and deserve to be quashed reserving liberty to the respondents to initiate any action/proceedings in accordance with law. Point No.(ii) is also accordingly answered in favour of the petitioner/tax payer/assessee by holding that the impugned Show cause notice dated 30.09.2025 issued by the 4th respondent to the petitioner for the tax periods/financial years from 2019- 20 to 2023-24 under Section 74 of the CGST/KGST Act is illegal, invalid, impermissible, arbitrary and without jurisdiction or authority of law and contrary to - 6 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 the provisions of the CGST/KGST Act and the impugned show cause notice and all further proceedings, orders, notices pursuant thereto deserve to be quashed by reserving liberty in favour of the respondents to initiate proceedings in accordance with law. 10. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned show-cause notice at Annexure-A dated 30.09.2025 issued by respondent No.4 and all further proceedings, orders, notices etc., pursuant thereto initiated/to be initiated by the respondents are hereby quashed. (iii) The respondents are however reserved liberty to initiate appropriate proceedings in accordance with law and if such proceedings are initiated by the respondents, petitioner would be entitled to contest / defend the same in accordance with law.” 6. The issue in controversy involved in the present petition also relates to clubbing/consolidation/bunching/combining of multiple tax periods/financial years/block periods in a - 7 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 Single/Composite Show cause notice, which has already been held to be invalid and illegal by this Court in M/S Pramur Homes And Shelters’s case referred to Supra. 7. Under these circumstances, the impugned show cause notice dated 04.08.2024 at Annexure-A as well as order-in-original dated 05.02.2025 at Annexure-B1, Summary of order dated 05.02.2025 at Annexure-B2 and Order-in-Appeal dated 29.08.2025 at Annexure-C deserve to be quashed. 8. In the result, I pass the following: ORDER (i) Petition is hereby allowed and disposed of in terms of M/S Pramur Homes And Shelters Vs. The Union of India and Ors. in WP No.33081/2025 dated 11.12.2025. (ii) The impugned show cause notice dated 04.08.2024 at Annexure-A as well as order-in-original dated 05.02.2025 at Annexure-B1, Summary of order dated 05.02.2025 at Annexure-B2 and Order-in-Appeal dated 29.08.2025 at Annexure-C and all further proceedings, orders, notices etc., pursuant thereto initiated/to be initiated by the respondents are hereby quashed. - 8 - HC-KAR NC: 2025:KHC:54577 WP No. 38054 of 2025 (iii) The respondents are however reserved liberty to initiate appropriate proceedings in accordance with law and if such proceedings are initiated by the respondents, petitioner would be entitled to contest / defend the same in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 30