2024 (7) TMI 46 - HC - GST

Maintainability of petition - availability of alternative remedy - Constitutional validity of Section 16 (4) of CGST/SGST Act, 2017 read with Rule 61 (5) of Karnataka Goods and Services Tax Rules, 2017 - HELD THAT - It is not in dispute that the petitioner is having remedy under CGST and KGST Act after issuing the reply, if he deems appropriate. Therefore the writ petition is liable to be dismissed without expressing any opinion on the merits with liberty to the petitioner to take recourse to the law. The writ petition is dismissed.

Summary

Issues involved:
Constitutional validity of Section 16 (4) of CGST/SGST Act, 2017 and Rule 61 (5) of Karnataka Goods and Services Tax Rules, 2017; Writ in the nature of certiorari to quash the impugned show cause notice.

Analysis:

1. The petitioner challenged the constitutional validity of Section 16 (4) of CGST/SGST Act, 2017 along with Rule 61 (5) of Karnataka Goods and Services Tax Rules, 2017, alleging them to be illegal, unreasonable, arbitrary, and discriminatory. The petitioner also sought a writ of certiorari to quash the impugned show cause notice, claiming it violated Articles 14, 19, 265, and 300A of the Constitution. The High Court Government Pleader argued in favor of upholding the constitutional validity of the said provisions, citing judgments from the High Courts of Andhra Pradesh and Patna, along with decisions by the Hon'ble Apex Court in similar cases.

2. The learned High Court Government Pleader further contended that provisions similar to those in question, under the Tamil Nadu Value Added Tax Act, were upheld as constitutional by the Hon'ble Apex Court in previous cases. The plea to challenge the constitutional validity of the provisions in the writ petition was deemed to be rejected based on precedents set by various High Courts and the interpretation of similar laws by the Apex Court.

3. The High Court observed that since the challenge to the constitutional validity of the Section had been decided by various High Courts in line with the law laid down by the Apex Court, the writ petition was liable to be dismissed. It was noted that the petitioner had a remedy under the CGST and KGST Act to address the issue after responding to the notice appropriately. Consequently, the writ petition was dismissed without expressing any opinion on the merits, granting the petitioner the liberty to seek recourse to the law as necessary.