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HIREMATH PAINTS vs. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES & OTHERS
(Karnataka High Court)

Hon'ble Judges:

M.G. UMA
Pet. Counsel
H. R. Kambiyavar
Res. Counsel
Kirtilata R. Patil

Petitioner / Applicant

HIREMATH PAINTS

Respondent THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES & OTHERS
Court Karnataka High Court
State

Karnataka

Date Apr 22, 2024
Order No.

WRIT PETITION NO. 108041/2023(T-RES)

Citation

2024(4) TAXREPLY 10035

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ORDER

ORDER Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent Nos. 1 & 2-State. 2. The petitioner has questioned the constitutional validity of Section 16 (4) of CGST/SGST Act, 2017 read with Rule 61 (5) of Karnataka Goods and Services Tax Rules, 2017, being illegal, unreasonable, arbitrary and discriminatory. In addition, the petitioner also sought writ in the nature of certiorari to quash the impugned show cause notice as violative of Articles 14, 19, 265, and 300A, being unreasonable, arbitrary, oppressive, excessive and premeditated. 3. Learned High Court Government Pleader submits that, the constitutional validity of Section 16 (4) of the CGST/SGST Act, 2017 read with Rule 61 (5) of CGST Rules are upheld in terms of the judgment passed in Thirumalakonda Plywoods Vs. The Assistant Commissioner W.P. No. 24235/2022 by the High Court of Andhra Pradesh at Amaravati and also in Gobinda Construction Vs. Union of ....

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