INDUSIND MEDIA COMMUNICATIONS LTD., GRANT INVESTRADE LIMITED Versus UNION OF INDIA, GST COUNCIL AND OTHERS
GST
2018 (10) TMI 1616 – KARNATAKA HIGH COURT – 2019 (20) G. S. T. L. 10 (Kar.)
KARNATAKA HIGH COURT – HC
Dated:- 11-10-2018
WRIT PETITION Nos. 28653/2018 & 29276/2018 (T-RES)
GST
Dr. VINEET KOTHARI J.
Mr. Monish Panda, Adv. for Mr. Harish Bindumadavan, Adv. for Petitioners
Mr. Vikram A. Huilgol, Sr. CGSC for R1 to R5
Mr. Vikram A. Huilgol, HCGP for R6 & R7
ORDER
1. The grievance raised by the petitioners – company in the present case is that certain practical and technical difficulties had arisen to the petitionerassessee and others when the change of Tax Regime from VAT/Service Tax Regime to GST Regime took
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ctional Officer, he has not been decided such representation after giving a proper and reasonable opportunity of hearing to the petitioner-assessee.
4. The learned counsel for the Respondent- Commercial Tax Department Mr. Vikram Huilgol however submits that a separate Nodal Officers at the level of Commissioner have been appointed by the Central Government in all the States and they can definitely look into the grievances of the petitioners regarding technical and administrative difficulties faced by the assessee and can pass appropriate orders in the matter. However, the assessee should comply with the condition of filing the requisite returns and declarations in this regard.
5. In view of the aforesaid submissions made at the bar
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h the directions of said authority and filing requisite returns and declarations as per the relevant applicable Rules, Circulars and Notifications etc.
6. The petitioners-company should appear before the concerned authority in the first instance on 05.11.2018 at 11 AM and a period of two months is allowed to the said Nodal Authority to pass appropriate orders. Against the impugned assessment orders, the assessee should avail the regular remedy by way of appeal u/S.107 of the KGST Act. The said appeal if so filed within a period of four weeks from today, it will be entertained without raising the objection of limitation.
7. It is made clear that if any prejudicial order is passed against the petitioners-company by the said Nodal Officer be
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