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DPK ENGINEERS PRIVATE LIMITED vs. UNION OF INDIA, THE COMMISSIONER OF CENTRAL TAX BENGALURU AND THE ASSISTANT COMMISSIONER OF CENTRAL TAX, BENGALURU
(Karnataka High Court)

Hon'ble Judges:

KRISHNA S.DIXIT
Pet. Counsel
Raghavendra B.hanjer
Res. Counsel
Jeevan J.neeralgi

Petitioner / Applicant

DPK ENGINEERS PRIVATE LIMITED
Respondent UNION OF INDIA, THE COMMISSIONER OF CENTRAL TAX BENGALURU AND THE ASSISTANT COMMISSIONER OF CENTRAL TAX, BENGALURU
Court Karnataka High Court
State

Karnataka

Date Feb 11, 2020
Order No.

WRIT PETITION NO.40904 OF 2018 (T-RES)

Citation

2020(2) TAXREPLY 1483
Original Order
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ORDER

ORDER The short grievance of the petitioner/assessee is against the unilateral appropriation of a part of refundable amount in terms of the impugned FORM-GST-RFD-06 dated 13.06.2018 a copy whereof is at Annexure-A, to the arguable dues of other Assessment Year/s. 2. Learned Asst. Solicitor General of India, Shri C Shashikantha, on request having accepted notice for the respondents resists the writ petition making submission in justification of the impugned order. 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court grants limited reprieve to the petitioner because: a) there is force in the contention of the petitioner’s counsel that the appropriation of money being a mode of recovery of dues under the Central Goods & Services Act, 2017, could not have been done sans notice to the Assessee, the contra contention of the counsel for the Revenue militating against the principles of natural justice; therefore, a ....

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