M/S Pavanaputra Resorts Vs Assistant Commissioner of Central Tax

M/S PAVANAPUTRA RESORTS A PROPRIETARY CONCERN, REPRESENTED HEREIN BY ITS PROPRIETOR, MR. C.P. DIVAKARA, HAVING ITS REGISTERED ADDRESS AT PLOT NO. 114, 116 AND 117, KIADB INDUSTRIAL AREA, H N PURA ROAD, HASSAN – 573 201

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…PETITIONER

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(BY SRI. SANDEEP HUILGOL, ADVOCATE)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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ASSISTANT COMMISSIONER OF CENTRAL TAX HASSAN DIVISION, B.M. ROAD, D.M. HALLI, VIJAYANAGARA EXTENSION, HASSAN – 573 201

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SUPERINTENDENT OF CENTRAL TAX (HPU), MYSURU, MYSURU CENTRAL GST COMMISSIONERATE, IIIRD FLOOR, NO. S1 AND S2, GST BHAVAN, VINAYMARGA, SIDDHARTHA NAGAR, MYSURU – 570 011

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PRINCIPAL COMMISSIONER OF CENTRAL TAX, MYSURU, MYSURU CENTRAL GST COMMISSIONERATE, IIIRD FLOOR, NO. S1 AND S2, GST BHAVAN, VINAYMARGA, SIDDHARTHA NAGAR, MYSURU – 570 011

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ADDITIONAL COMMISSIONER OF CENTRAL TAX, MYSURU, MYSURU CENTRAL GST COMMISSIONERATE,

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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IIIRD FLOOR, NO. S1 AND S2, GST BHAVAN, VINAYMARGA, SIDDHARTHA NAGAR, MYSURU – 570 011

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ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, LGSTO 242, HASSAN, SWAMY ARCADE, KUVEMPU NAGARA, MAIN ROAD, HASSAN – 573 201

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SUPERINTENDENT OF COMMERCIAL TAXES, LGSTO 240, HASSAN, SWAMY ARCADE, KUVEMPU NAGAR, MAIN ROAD, HASSAN – 573 201

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ASSISTANT COMMISSIONER OF CENTRAL TAX (HPU), MYSURU, MYSURU CENTRAL GST COMMISIONERATE IIIRD FLOOR, NO. S1 AND S2 GST BHAVAN, VINAYMARGA, SIDDHARTHA NAGAR, MYSURU – 570 011

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…RESPONDENTS

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(BY SRI. AKASH B SHETTY, ADVOCATE FOR R1 TO R4 & R7; SRI. HEMA KUMAR K., AGA FOR R5 & R6)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER-IN-ORIGINAL BEARING FILE NO. GEXCOM/ADJN/GST/1664/2023-TECH-CGST-DIV-HSNCOMMRTEMYSURU AND ORDER NO. MYS-EXCUS-DIVHSN-AC- JSJ-38-202425 GST ADJN. AND DIN NUMBER 20241257YY00006126A9 DATED 27.12.2024 PASSED BY THE 1ST RESPONDENT UNDER SECTION 74(1) OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 AND THE KARNATAKA GOODS AND SERVICES TAX ACT, 2017 FOR THE TAX PERIODS OF JULY 2017 TO MARCH 2022 (ANNEXURE A) AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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(i) Quashing the impugned Order-in-Original bearing File No. GEXCOM/ADJN/GST/1664/2023-TECH-CGSTDIV-HSN-COMMRTE-MYSURU and Order No. MYSEXCUS-DIVHSN-AC-JSJ-38-2024-25 GST Adjn. and DIN Number 20241257YY00006126A9 dated 27.12.2024 passed by the 1st Respondent under Section 74(1) of the Central Goods and Services Tax Act, 2017 and the Karnataka Goods and Services Tax Act, 2017 for the tax periods of July 2017 to March 2022 (Annexure 'A');

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(ii) Quashing the impugned unsigned summary of the Order-in-Original in Form GST DRC 07 dated 27.12.2024 bearing Reference Number ZD291224087488T issued by the 1^st Respondent for July 2017 to March 2022 (Annexure 'A-1');

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(iii) Declare that the adjudication proceedings conducted and concluded against a Firm which stood dissolved in law and whose registration under the GST Acts was, moreover, also cancelled prior to even the commencement of the said proceedings, is wholly devoid of jurisdiction and unconstitutional;

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(iv) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity.

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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Though several contentions have been urged by both

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sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgment of this Court in the case of

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M/S Pramur Homes And Shelters Vs. The Union of India and Ors. in WP No.33081/2025 dated 11.12.2025.

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In the said judgment, this Court formulated two points for consideration, which reads as under:

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(i) Whether clubbing/consolidation/bunching/ combining of multiple tax periods/financial years in a Single/Composite Show cause notice issued under Section 73 / 74 of the CGST/ KGST Act , 2017 is permissible and valid in law?

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(ii) Whether the impugned Show cause notice dated 30.09.2025 issued by the 4^th respondent to the petitioner for the tax periods/financial years from 2019-20 to 2023-24 under Section 74 of the CGST/ KGST Act, 2017 warrants interference by this Court in the present petition?

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Issue No.1 was answered by this Court in favour of the

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petitioner by holding as under:

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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Point No.(i) is accordingly answered in favour of the petitioner/tax payer/assessee by holding that clubbing/ consolidation/ bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73/74 of the CGST/KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law and contrary to the provisions of the CGST/KGST Act.

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So also point No.2 was also answered by this Court in favour of the petitioner by quashing the impugned Show Cause Notice by holding as under:

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“Re: Point No.(ii);

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9. While dealing with Point No. (i) supra, I have already come to the conclusion that clubbing / consolidation / bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73 / 74 of the CGST / KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law and contrary to the provisions of the CGST / KGST Act. In the instant case, a perusal of the impugned Show cause notice dated 30.09.2025 will indicate that the same encompasses and pertains to multiple tax

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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periods/financial years, viz., from 2019-20 to 2023-24, which is impermissible in law and consequently, the impugned Show cause notice and all further proceedings pursuant thereto are also vitiated and deserve to be quashed reserving liberty to the respondents to initiate any action/proceedings in accordance with law.

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Point No.(ii) is also accordingly answered in favour of the petitioner/tax payer/assessee by holding that the impugned Show cause notice dated 30.09.2025 issued by the 4^th respondent to the petitioner for the tax periods/financial years from 201920 to 2023-24 under Section 74 of the CGST/KGST Act is illegal, invalid, impermissible, arbitrary and without jurisdiction or authority of law and contrary to the provisions of the CGST/KGST Act and the impugned show cause notice and all further proceedings, orders, notices pursuant thereto deserve to be quashed by reserving liberty in favour of the respondents to initiate proceedings in accordance with law.

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10. In the result, I pass the following:

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ORDER

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(i) Petition is hereby allowed.

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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(ii) The impugned show-cause notice at Annexure-A dated 30.09.2025 issued by respondent No.4 and all further proceedings, orders, notices etc., pursuant thereto initiated/to be initiated by the respondents are hereby quashed.

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(iii) The respondents are however reserved liberty to initiate appropriate proceedings in accordance with law and if such proceedings are initiated by the respondents, petitioner would be entitled to contest / defend the same in accordance with law.”

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The issue in controversy involved in the present petition also relates to clubbing/consolidation/bunching/combining of multiple tax periods/financial years/block periods in a Single/Composite Show cause notice, which has already been held to be invalid and illegal by this Court in M/S Pramur Homes And Shelters’s case referred to Supra.

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Under these circumstances, the impugned show cause notice dated 01.08.2023 at Annexure-K as well as order dated 27.12.2024 at Annexure-A and Summary of Order dated 27.12.2024 at Annexure-A1 deserve to be quashed.

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In the result, I pass the following:

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NC: 2025:KHC:54572 WP No. 1979 of 2025

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HC-KAR

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ORDER

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(i) Petition is hereby allowed and disposed of in terms of M/S Pramur Homes And Shelters Vs. The Union of India and Ors. in WP No.33081/2025 dated 11.12.2025.

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(ii) The impugned show cause notice dated 01.08.2023 at Annexure-K as well as order dated 27.12.2024 at Annexure-A and Summary of Order dated 27.12.2024 at Annexure-A1 and all further proceedings, orders, notices etc., pursuant thereto initiated/to be initiated by the respondents are hereby quashed.

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(iii) The respondents are however reserved liberty to initiate appropriate proceedings in accordance with law and if such proceedings are initiated by the respondents, petitioner would be entitled to contest / defend the same in accordance with law.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 3 Sl No.: 0

M/S Pavanaputra Resorts v. Assistant Commissioner of Central Tax

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M/S Pavanaputra Resorts v. Assistant Commissioner of Central Tax

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