High CourtsSingle Bench(2014) 06 KAR CK 0090

Radha-Raman Hospitality (Private) Limited vs The Assistant Commissioner of Commercial Taxes (L.V.O.-130)

Karnataka High Court · Decided on 11 June 2014 · Citation: (2014) 79 KarLJ 574

HON’BLE JUDGES
B.V. Nagarathna, J
CASE NUMBER
Writ Petition Nos. 26722 to 26729 of 2014 (T-RES)

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Judgment

5 paragraphs · 287 words

B.V. Nagarathna, J.—The petitioner is stated to be in hotel business. The challenge in these writ petitions is notice dated 29-4-2014 (Annexure-F) and the circular dated 18-12-2013 (Annexure-E). I have heard the learned Counsel for the petitioner and learned Additional Government Advocate for the respondents.

2.

The contention of the petitioner is that the impugned notice of demand is straight away making a demand from the petitioner with regard to the liability due under the provisions of the Karnataka Value Added Tax Act, 2003. The petitioner has not been given an opportunity to respond to this notice. Under the circumstances, it is submitted that the petitioner may be granted an opportunity to reply to the impugned notice as also to make submission with regard to the impugned circular dated 18-12-2013.

3.

In the circumstances, the impugned notice dated 29-4-2014 (Annexure-F) shall be treated as a show-cause notice. The petitioner shall reply to the said notice within a period of two weeks from today. If such a reply is received by the 1st respondent by then, it shall be considered in accordance with law and thereafter, a fresh demand shall be issued to the petitioner in case necessity arises. It is needless to observe that till the reply of the petitioner is considered, no precipitative action shall be taken pursuant to the impugned notice.

4.

Learned AGA states that within 15 days from the date of receipt of reply from the petitioner, the same would be considered in accordance with law. In case, no reply is filed by the petitioner within the aforesaid time frame, the respondent is permitted to take further action on the impugned notice.

With the aforesaid observations and direction, the writ petitions stand disposed.