Karnataka High Court

WA/1272/2026 of UNION OF INDIA Vs M/S KARNATAKA POWER CORPORATION LIMITED on 17 September 2026

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CNR: KAHC010301252026 NC: 2026:KHC:50840-DB WA No. 1272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.1272 OF 2026 (T-RES) BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF SEPTEMBER, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT APPEAL NO.1272 OF 2026 (T-RES)

BETWEEN:

1.

UNION OF INDIA

THROUGH ITS SECRETARY

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

GOVERNMENT OF INDIA

NORTH BLOCK, NEW DELHI-110001

(REP. BY THE FINANCE SECRETARY)

2.

THE JOINT COMMISSIONER OF CENTRAL TAX

BANGALORE NORTH GST COMMISSIONERATE

NO.56, HMT BHAVAN, BELLARY ROAD,

3.

THE COMMISSIONER OF COMMERCIAL

TAXES (APPEALS-II),

TRAFFIC TRANSIT MANAGEMENT CENTRE

BMTC BUILDING, 4TH FLOOR,

ABOVE BMTC BUS STAND

DOMLUR OLD AIRPORT ROAD

BENGALURU-560071.

4.

THE ADDITIONAL DIRECTOR

DIRECTORATE GENERAL OF GST INTELLIGENCE

BENGALURU ZONAL UNIT OFFICE OF THE

PRINCIPAL ADDITIONAL DIRECTOR

GENERAL NO.112 SP ENCLAVE

ADJACENT TO KARNATAKA BANK

Digitally signed

by C K LATHA

Location: High

Court of

Karnataka

HC-KAR

KH ROAD, BENGALURU-560027.

5.

THE STATE OF KARNATAKA

VIDHANA SOUDHA,

BENGALURU-560001

REP. BY ITS FINANCE SECRETARY.

6.

THE ASSISTANT COMMISSIONER OF

COMMERCIAL TAXES

LGSTO 20 DGSTO 01 NO.93

2ND FLOOR CUNNINGHAM ROAD,

BENGALURU-560052.

…APPELLANTS

(BY SRI. UNNIKRISHNAN M., ADVOCATE)

AND:

M/S. KARNATAKA POWER CORPORATION LIMITED

NO.82, SHAKTHI BHAVAN,

RACE COURSE ROAD,

BANGALORE-560001,

REP. BY SHRI GAURAV GUPTA

MANAGING DIRECTOR

AGED ABOUT 58 YEARS

IT IS A LIMITED COMPANY

(STATE GOVERNMENT UNDERTAKING).

…RESPONDENT

(BY SRI. NAVEEN KUMAR K.S., ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

ORDER DATED 17.12.2025 PASSED BY THE LEARNED SINGLE

JUDGE IN W.P.NO.34484/2025 (T-RES).

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MRS. JUSTICE K.S. HEMALEKHA

HC-KAR

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ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellants have filed the present appeal impugning an order dated 17.12.2025 [impugned order] passed by the learned Single Judge in Writ Petition No.34484/2025 [T-RES]. The respondent (writ petitioner) had filed the said petition assailing an order in appeal dated 06.02.2025 passed by respondent No. 3 (Commissioner of Commercial Tax Appeals-II).

2. According to the respondent, the order in appeal was contrary to the provisions of the Central Goods and Services Tax Act, 2017 and Karnataka Goods and Services Tax Act, 2017. One of the grounds raised by the respondent was that the proceedings were commenced pursuant to a notice for consolidated years issued under Sections 73 and 74 of the CGST Act. The aforesaid petition was allowed holding that the issue involved is covered by the decision of this Court in M/s Pramur Homes and Shelters vs The Union of India and Others1.

1 Writ Petition No.33081/2025 dated 11.12.2025

HC-KAR

3. The learned counsel for the appellants points out that the said decision in M/s Pramur Homes and Shelters (supra) was appealed by the Revenue before the Division Bench of this court in Writ Appeal No.407/2026. The said appeal was considered with a batch of other appeals which were allowed by an order dated 23.04.2026 [Writ Appeal No.1751/2024 and other connected matters]. Thus, the solitary ground on which the writ petition is allowed no longer holds good.

4. The learned counsel for the respondent states apart from the challenge to the show cause notice on the ground that it had bunched up different periods, there were other substantial grounds which were not considered by the learned Single Judge. The learned counsel for the appellants also does not controvert the said contention.

5. In view of the above, the present appeal is allowed. The impugned order is set aside. The Writ Petition being W.P.No. 34484/2025 is restored before the learned Single Judge for consideration of the other grounds of challenge.

HC-KAR

6. List the said petition before the concerned Bench on 30.09.2026.

7. The pending interlocutory application stands disposed of.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

CKL List No.: 1 Sl No.: 11

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