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M/s. Fossil India Private Limited, Represented by Sunil Prabhakaran Authorised Signatory v/s The Deputy Commissioner of Commercial Tax (Audit-5.4), Bengaluru & Others


Company & Directors' Information:- FOSSIL INDIA PRIVATE LIMITED [Active] CIN = U18101KA2007PTC071705

Company & Directors' Information:- I. B. COMMERCIAL PRIVATE LIMITED [Active] CIN = U70101MH2007PTC167888

Company & Directors' Information:- R. M. COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2007PTC119841

Company & Directors' Information:- G L COMMERCIAL LIMITED [Active] CIN = U74130DL1985PLC020182

Company & Directors' Information:- T. R. COMMERCIAL PRIVATE LIMITED [Active] CIN = U67120OR2008PTC010275

Company & Directors' Information:- H C COMMERCIAL LTD [Active] CIN = U72300WB1970PLC027736

Company & Directors' Information:- M B COMMERCIAL CO LTD [Active] CIN = L51909WB1960PLC024849

Company & Directors' Information:- M B COMMERCIAL CO LTD [Active] CIN = U51909WB1960PLC024849

Company & Directors' Information:- A R COMMERCIAL PRIVATE LIMITED [Active] CIN = U17210WB2011PTC170257

Company & Directors' Information:- V & G COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909MH2011PTC213338

Company & Directors' Information:- H G COMMERCIAL PVT LTD [Active] CIN = U52190WB1991PTC050743

Company & Directors' Information:- S B P COMMERCIAL PVT LTD [Active] CIN = U51101AS1996PTC004692

Company & Directors' Information:- R K COMMERCIAL LTD [Active] CIN = L65993WB1982PLC035298

Company & Directors' Information:- L R COMMERCIAL PVT LTD [Active] CIN = U70102WB1995PTC073665

Company & Directors' Information:- J K COMMERCIAL CORPN LTD [Strike Off] CIN = U65923UP1943PLC001188

Company & Directors' Information:- M M K COMMERCIAL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC128229

Company & Directors' Information:- M G B COMMERCIAL PVT LTD [Amalgamated] CIN = U74950WB1993PTC060732

Company & Directors' Information:- V A M COMMERCIAL CO LTD [Active] CIN = U51909WB1983PLC036163

Company & Directors' Information:- R C COMMERCIAL PRIVATE LIMITED [Active] CIN = U67120UP1992PTC014057

Company & Directors' Information:- D G COMMERCIAL PRIVATE LIMITED [Converted to LLP] CIN = U52100AS2007PTC008457

Company & Directors' Information:- J B COMMERCIAL CO PVT LTD [Active] CIN = U51909WB1980PTC033099

Company & Directors' Information:- V & S COMMERCIAL PVT LTD [Active] CIN = U51909CT2006PTC001660

Company & Directors' Information:- A-Z COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109DL1993PTC053697

Company & Directors' Information:- P J COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U52190WB2009PTC140508

Company & Directors' Information:- P M COMMERCIAL CO LTD [Active] CIN = U51909WB1982PLC035383

Company & Directors' Information:- J M COMMERCIAL & CO LTD [Converted to LLP] CIN = U67120DL1982PLC242476

Company & Directors' Information:- S P COMMERCIAL CO LTD [Strike Off] CIN = U45201WB1982PLC035237

Company & Directors' Information:- B B COMMERCIAL LTD [Active] CIN = L51909WB1980PLC033130

Company & Directors' Information:- T T COMMERCIAL CO PVT LTD [Active] CIN = U70101WB1995PTC075032

Company & Directors' Information:- W & F COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2004PTC098442

Company & Directors' Information:- N P P COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909DL2004PTC127585

Company & Directors' Information:- A. T. COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2008PTC127621

Company & Directors' Information:- U S COMMERCIAL PVT LTD [Active] CIN = U51502WB1992PTC057239

Company & Directors' Information:- A D COMMERCIAL INDIA PRIVATE LIMITED [Active] CIN = U51109AS1999PTC005668

Company & Directors' Information:- I D COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109WB1980PTC032739

Company & Directors' Information:- S G COMMERCIAL CO PVT LTD [Strike Off] CIN = U15312WB1955PTC022120

Company & Directors' Information:- A & M COMMERCIAL PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106023

Company & Directors' Information:- S P N COMMERCIAL PRIVATE LIMITED [Active] CIN = U52390WB2010PTC140826

Company & Directors' Information:- J. D. COMMERCIAL PRIVATE LIMITED [Active] CIN = U72200DL2009PTC188147

Company & Directors' Information:- J. D. COMMERCIAL PRIVATE LIMITED [Active] CIN = U34100DL2009PTC188147

Company & Directors' Information:- B E & I COMMERCIAL PVT LTD [Active] CIN = U24231WB1986PTC040618

Company & Directors' Information:- B COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U60230OR2011PTC014188

Company & Directors' Information:- M G COMMERCIAL PVT LTD [Active] CIN = U51109WB1960PTC024564

Company & Directors' Information:- K P COMMERCIAL PRIVATE LIMITED [Active] CIN = U72200GJ1999PTC036317

Company & Directors' Information:- B S COMMERCIAL COMPANY PVT LTD [Strike Off] CIN = U70101WB1985PTC038889

Company & Directors' Information:- A S COMMERCIAL PVT LTD [Active] CIN = U51909WB1989PTC047016

Company & Directors' Information:- S N H P COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109WB2005PTC101704

Company & Directors' Information:- H M COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U52599WB2007PTC112975

Company & Directors' Information:- S. V. COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2010PTC145115

Company & Directors' Information:- S R COMMERCIAL PVT LTD [Active] CIN = U27209WB1987PTC041901

Company & Directors' Information:- G R COMMERCIAL PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108839

Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

Company & Directors' Information:- T J COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U51434WB2001PTC093979

Company & Directors' Information:- A S J COMMERCIAL PRIVATE LIMITED [Active] CIN = U15497DL2012PTC230407

Company & Directors' Information:- S B COMMERCIAL PVT LTD [Strike Off] CIN = U99999MH1982PTC028334

Company & Directors' Information:- P P COMMERCIAL PVT LTD [Strike Off] CIN = U51909WB1986PTC041237

Company & Directors' Information:- B V COMMERCIAL PVT LTD [Active] CIN = U51109WB2006PTC108218

Company & Directors' Information:- D S COMMERCIAL PVT LTD [Strike Off] CIN = U26101WB1958PTC023936

Company & Directors' Information:- S R M COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2009PTC137093

Company & Directors' Information:- H T COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109MH2010PTC209413

Company & Directors' Information:- B C COMMERCIAL CO PVT LTD [Active] CIN = U51109WB1987PTC043138

Company & Directors' Information:- M V COMMERCIAL PRIVATE LIMITED [Active] CIN = U18101WB2010PTC150651

Company & Directors' Information:- U B COMMERCIAL PVT LTD [Strike Off] CIN = U51229WB1996PTC077559

    Writ Petition No. 5873 of 2020 (T-RES)

    Decided On, 13 March 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE S. SUNIL DUTT YADAV

    For the Petitioner: A. Shankar, Senior Advocate, Lakshmi Menon, N. Anil Kumar, Advocates. For the Respondents: T.K. Vedamurthy, AGA.



Judgment Text


(Prayer: This Writ Petition is filed under Articles 226 & 227 of Constitution of India, praying to set aside/quash the order passed under Section 9(2) of the CST Act 1956 read with Section 36(1) of the KVAT Act 2003 dated 30.01.2020 passed in the case of the petitioner by the respondent No.1 (Annexure-A) and set aside/quash the demand notice issued under Rule 180(1) of the KVAT Rules 2003 in Form VAT 180 dated 30.1.2020 passed in the case of the petitioner by the R1 Annexure-B and etc.)

1. Sri T.K.Vedamurthy, learned Additional Government Advocate accepts notice for the respondents.

2. The petitioner has sought for a writ in the nature of certiorari seeking to set aside the order passed under Section 9(2) of the CST Act, 1956 read with Section 36(1) of the KVAT Act, 2003 dated 30.01.2020 at Annexure-A. They have sought for consequential relief to set aside the demand notice, a copy of which is produced at Annexure-B.

3. The petitioner submits that the assessment order that has been passed without affording adequate opportunity and on the premise that exemption that was claimed with respect to direct export was not backed by relevant documents and that claim of exemption as regards stock transfer by relying on Form-F could not be accepted, as Form-F was not produced. The said assessment order is challenged in the present proceedings.

4. Sri A.Shankar, learned Senior Counsel appearing on behalf of the petitioner would submit that as regards the premise on which the assessment order was passed, the petitioner has sufficient material to demonstrate that the exemption claimed against Form-F is indeed backed by relevant Form-F and a memo is filed furnishing the details of Form-F uploaded on VAT portal and submitted to the local office. Even as regards exemption claimed with regard to the direct export, it is submitted that necessary documents are available which would be produced in support of the case of the petitioner regarding grant of exemption. It is further submitted that the petitioner had effected Inter-State sales against Form-C declaration and had claimed concessional rate of tax on the same. The said claim for concessional rate of tax was rejected as the assessee had not filed copy of Form-C and declaration. It is also submitted that the petitioner has necessary Form-C declarations which would be produced.

5. Sri T.K.Vedamurthy, learned Additional Government Advocate appearing for respondent - State on instructions from Smt.Veena, Deputy Commissioner of Commercial Taxes, Division-5, Bengaluru present in the Court, submits that without entering into the merits of contentions and despite the fact that respondents have been afforded sufficient opportunity which the petitioner has not availed of, they would afford another opportunity to the petitioner to participate in the assessment proceedings.

6. Taking note of the said submission and without entering into the merits of the contentions and noting that the order is being passed to ensure that the proceedings regarding assessment are concluded at the earliest without keeping the matter open for frequent challenges on the technicality that no sufficient opportunity has been provided to the assessee, the assessment order at Annexure-A is set side. Consequently, the demand

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notice at Annexure-B and garnishee proceedings as per Annexure-C are set aside. 7. The petitioner to keep himself personally or his authorized agent present before the Assessing Authority on 17.03.2020 at 12.30 p.m. and avail of the opportunity of putting forth their case before the Assessing Authority. This petition is accordingly disposed off.
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