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UNION OF INDIA vs. STATE OF KARNATAKA COMMERCIAL TAX DEPARTMENT GOODS AND SERVICE TAX (GST)
(Karnataka High Court)

Hon'ble Judges:

H.T. NARENDRA PRASAD
Pet. Counsel
Tulajappa Kulburgi
Res. Counsel
Shivaprabhu S. Hiremath

Petitioner / Applicant

UNION OF INDIA

Respondent STATE OF KARNATAKA COMMERCIAL TAX DEPARTMENT GOODS AND SERVICE TAX (GST)
Court Karnataka High Court
State

Karnataka

Date May 24, 2021
Order No.

WRIT PETITION No.100800/2021 (T-RES)

Citation

2021(5) TAXREPLY 4305

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ORDER

This writ petition is filed challenging the notice of tax and penalty under sub-Section 1(b) of Section 129 of the Karnataka Goods and Services Act, 2017 (hereinafter referred to as the ‘Act’, for the sake of brevity) and the Central Goods and Services Act, 2017. On the basis of the said notice, order of demand of tax and penalty has been passed under Section 129(3) of the Act. 2. At the outset, learned Additional Government Advocate submitted that under Section 107 of the Central Goods and Services Act, 2017, against the impugned order, the petitioner has an alternative and efficacious remedy of appeal before the Appellate Authority. In support of his contention, he has also relied on the order of the Division Bench of this Court in Writ Appeal No.3974/2019, disposed of on 02.12.2019. Hence, he sought for dismissal of the appeal. 3. This position of law is not disputed by the learned counsel for the petitioner. 4. In view of the above since the petitioner ha....

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