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of <h1>Judicial Review Upholds Procedural Fairness, Directs Petitioner to Respond to Show Cause Notice and Ensures Hearing Rights</h1> <h3>M/s IL AND FS SOLAR POWER LIMITED Versus STATE OF KARNATAKA, THE COMMISSIONER OF COMMERCIAL BENGALURU, THE DEPUTY COMMISSIONER OF CO TAXES DAVANGERE</h3> HC Karnataka allowed the petition, quashing two orders and remitting the matter back to respondent No.3. Petitioner must submit a reply to the Show Cause ... Seeking to quash two orders issued by respondent No.3 - HELD THAT:- A perusal of the material on record will indicate that several contentions have been urged by the petitioner for the purpose of contending that the impugned order dated 22.12.2023 as well as the impugned order dated 20.03.2024 are illegal, arbitrary and without jurisdiction or authority of law. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions and in the light of the undisputed fact that the impugned order dated 22.12.2023 was an ex-parte order which was passed without the petitioner contesting the Show Cause Notice, it is deemed just and appropriate to set aside the impugned orders and remit the matter back to the respondent No.3 for reconsideration afresh in accordance with law. The petition is hereby allowed by way of remand. The High Court of Karnataka allowed the petition seeking to quash two orders dated 22.12.2023 and 20.03.2024 issued by respondent No.3. The matter is remitted back to respondent No.3 for reconsideration in accordance with law. The petitioner must submit a reply to the Show Cause Notice dated 25.09.2023 and appear before respondent No.3 on 19.09.2024. Liberty is reserved for the petitioner to provide further submissions and for respondent No.3 to provide a reasonable opportunity for the petitioner to be heard.
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