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SRI NANJUNDAPPA CONSTRUCTIONS vs. UNION OF INDIA & OTHERS
(Karnataka High Court)

Hon'ble Judges:

S. G. PANDIT
Pet. Counsel
Bhat Ganapathy Narayan
Res. Counsel
Swati L Kamat
K.hemakumar

Petitioner / Applicant

SRI NANJUNDAPPA CONSTRUCTIONS

Respondent UNION OF INDIA & OTHERS
Court Karnataka High Court
State

Karnataka

Date Jan 15, 2025
Order No.

WRIT PETITION NO. 34742 OF 2024 (T-RES)

Citation

2025(1) TAXREPLY 12324

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ORDER

ORDER Heard the learned counsel Sri.Ganapathi Narayana Bhat for petitioner, learned counsel Smt.Swathi L. Kamat for respondent No.1 and learned Additional Government Advocate Sri.K.Hemakumar for respondent Nos.2 and 3. Perused the writ petition papers. 2. Learned counsel Sri.Ganapathi Narayan Bhat for petitioner would submit that petitioner is before this Court questioning Annexure-D, intimation of tax issued under Section 73(5) of the KGST/CGST Act, 2017, since the petitioner is not liable to pay tax on royalty. 3. Per contra, learned Additional Government Advocate Sri.K.Hemakumar would point out that writ petition is premature and Annexure-D, intimation under Section 73(5) of CGST Act, 2017 is to provide an opportunity to the petitioner to pay the ascertained tax along with applicable interest, failing to pay, show cause notice would be issued under Section 73(1) of KGST Act. Further, he invites attention of this Court to page 83 of the writ petition and submits that i....

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