- 1 - HC-KAR NC: 2026:KHC:7942 WP No. 3340 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3340 OF 2026 (T-RES) BETWEEN: 1. M/S. GANESH FURNITURE A PROPRIETORSHIP CONCERN GSTIN: 29AFRPP6418D1Z1 REPRESENTED BY ITS PROPRIETOR SHRI. PRASANNA KUMAR S/O D.V SHAMAIAH SHETTY AGED ABOUT 70 YEARS (SENIOR CITIZEN) RESIDING AT ADDRESS: NO.17, 2ND MAIN, KEB LAYOUT, BTM LAYOUT 1ST STAGE, BENGALURU SOUTH, BENGALURU-560 029. EMAIL: suprs3217@gmail.com MOBILE: 91 8660755952 … PETITIONER (BY SRI. AJAY KUMAR N., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (LGSTO-25) DGSTO-04, 6TH FLOOR, TTMC, BMTC BUILDING, KORAMANGALA, BENGALURU-560 095 EMAIL: acctlgsto.25bng@ctd.ka.gov.in TELEPHONE NO: 080-25704065 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7942 WP No. 3340 of 2026 2. THE JOINT COMMISSIONER OF COMMERCIAL TAXES - DGSTO-04 VANIJYA THERIGE KARYALAYA-2, A- BLOCK, 4TH FLOOR, KORMANGALA, BENGALURU-560 047. EMAIL: jcctdgsto4.bng@ctd.ka.gov.in TELEPHONE NO: 080-25704770 3. THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA TERIGE KARYALAYA-1 GANDHINAGAR, BENGALURU-560 009 Email: ctd.kar@ctd.ka.gov.in TELEPHONE NO: 080-22264495 … RESPONDENTS (BY SRI. HEMAKUMAR, AGA) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING AND SETTING ASIDE THE PRE INTIMATION NOTICE BEARING FILE NO. ACCT(P)/LGSTO-25/2AVS3B/ DRC-01A/NO./2023-24 ALONG WITH ITS SUMMARY IN FORM GST DRC-01A VIDE REFERENCE NO. ZD290224031855B DATED 13.02.2024 ISSUED UNDER SECTION 73(5) OF THE CGST/KGST ACTS, 2017, ISSUED BY RESPONDENT NO.1, WHICH IS PRODUCED AT ANNEXURE-D AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2026:KHC:7942 WP No. 3340 of 2026 ORAL ORDER The petitioner has called in question the validity of the order in original under Section 73 of the KGST Act at Annexure-F and has also challenged certain other proceedings that preceded passing of the order-in-original. 2. Learned for the petitioner submits that there are various contentions including that the proper officer has not exercised the power in the present case. It is submitted that the Authority has objected to the claim of Input Tax Credit (ITC) and it is a matter relating to reconciliation of ITC claimed between the declarations in GSTR-3B and GSTR-2A. It is submitted if an opportunity is granted, petitioner would demonstrate reconciliation. It is further submitted that the petitioner did not participate in the proceedings due to bonafide reasons and the Court ought to take note of the fact that the petitioner is a senior citizen. - 4 - HC-KAR NC: 2026:KHC:7942 WP No. 3340 of 2026 3. Learned Additional Government Advocate appearing for the revenue submits that the petitioner has not availed of the opportunities granted and that there is no reply to the show cause notice and that the order passed is on 22.05.2024 and there is inordinate delay in filing the present petition. 4. Perused the order at Annexure-F. It is clear that the Authority has decided the matter without records indicating an attempted reconciliation between GSTR-2A and GSTR-3B. Taking note that the order is an ex-parte order, it would be appropriate to reopen the proceedings and enable the petitioner to participate by way of reply to the show cause notice and make out his case for reconciliation between GSTR-2A and GSTR-3B. Accordingly, taking note of the consequences that would visit the petitioner by virtue of confirmation of such order and noticing that the order is an ex-parte order, the order at Annexure-F is set aside and the matter is remitted to the stage of reply to the show cause notice. Petitioner to - 5 - HC-KAR NC: 2026:KHC:7942 WP No. 3340 of 2026 appear without further notice before respondent No.1 on 26.02.2026. All contentions including jurisdictional issue raised are kept open. Petitioner to pay to the authority 10% of the tax demand. Petitioner to also pay costs of Rs.10,000/- to the Karnataka Advocates Clerks Benevolent Trust, High Court Building, Bengaluru. 5. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP