M/S Surya Industrial Suppliers vs. Superintendent Of Central Tax , Cnwd3

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WP/7899/2023HC KarnatakaGSTCNR KAHC01017926202305 November 2025Bench: S.R.KRISHNA KUMAR4 pages
For Petitioner: SRI. THIRUMALESH M., ADVOCATEFor Respondent: SRI. JEEVAN J. NEERALGI, ADVOCATE

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Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2025:KHC:44771 WP No. 7899 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7899 OF 2023 (T-RES) BETWEEN: M/S SURYA INDUSTRIAL SUPPLIERS, NO 810/5/17, BASAVANAHALLI, KASABA HOBALI, NELAMANGALA, BENGALURU RURAL, BENGALURU – 562 123, A PROPRIETARY CONCERN, REPRESENTED BY ITS PROPRIETOR, SRI NAZEER AHMED, AGED ABOUT 29 YEARS, S/O LATE SRI MOHAMMED ISMAIL …PETITIONER (BY SRI. THIRUMALESH M., ADVOCATE) AND: 1. SUPERINTENDENT OF CENTRAL TAX , CNWD3 NORTH WEST DIVISION 3, LGSTO 066, BENGALURU GST NORTH COMMISSIONERATE, 2ND FLOOR, SOUTH WING, BMTC BUS STAND COMPLEX, SHIVAJINAGAR, BENGALURU – 560 051 2. ASSISTANT COMMISSIONER OF CENTRAL TAX NORTH WEST DIVISION 3, LGSTO 066, BENGALURU GST NORTH COMMISSIONERATE, 2ND FLOOR, SOUTH WING, BMTC BUS STAND COMPLEX, SHIVAJINAGAR, BENGALURU – 560 051 3. COMMISSIONER OF CENTRAL TAX, GST APPEALS II TTMC, BMTC BUILDING, 4TH FLOOR, DOMLUR, OLD AIRPORT ROAD, BENGALURU – 560 071 …RESPONDENTS (BY SRI. JEEVAN J. NEERALGI, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44771 WP No. 7899 of 2023 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SHOW CAUSE NOTICE ISSUED BY THE R-1 IN FORM GST REG-17/31 IN REFERENCE NUMBER ZA291122055671O DATED 16.11.2022 AS IT IS CONTRARY TO THE PROVISIONS OF CGST RULES, 2017 AND KGST RULES, 2017 ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:- “(i) issue a writ of certiorari or a writ in the nature of certiorari quashing the show cause notice issued by the first respondent in Form GST REG-17/31 in Reference Number ZA2911220556710 dated 16.11.2022 as it is contrary to the provisions of CGST Rules, 2017 and KGST Rules, 2017: ANNEXURE-C (ii) issue a writ of certiorari or a writ in the nature of certiorari quashing the order, passed by the first respondent in Form GST REG-19, for cancellation of Registration in Reference No ZA291122225708J dated 28-11-2022 as being contrary to the provisions of CGST Act, 2017 and KGST Act, 2017, ANNEXURE-D iii) issue a writ of certiorari or a writ in the nature of certiorari quashing the order, passed by the second respondent in Form GST REG-05, for rejection of application for revocation of cancellation of Registration in Reference ZA291222076990B dated HC-KAR NC: 2025:KHC:44771 20-12-2022 as being contrary to the of No provisions of CGST Act, 2017 and KGST Act, 2017, ANNEXURE-G; (iv) issue a writ of certiorari or a writ in the nature of certiorari quashing the Order-in-Appeal dated 01-02- 2023, passed by the Commissioner of Central Tax GST Appeals-II, Bengaluru, the third respondent, in OIA No.311/2022-23/JC-ALL/GST, as being contrary to the provisions of CGST Act, 2017 and KGST Act, 2017; ANNEXURE-H; (v) issue a writ of certiorari or a writ in the nature of certiorari declaring that the cancellation of registration of the petitioner as illegal and that the petitioner would be entitled to adjust the accumulated input tax credit during the period of cancellation against its output tax liability and (vi) and grant such other relief or reliefs as this Hon'ble Court may deem fit in the circumstances of the case, in the interest of justice.”

2.

Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

3.

Learned counsel for the petitioner and learned counsel for the respondents submits that the GST registration of the petitioner has already been restored and hence, nothing further survives for consideration in the present petition. HC-KAR NC: 2025:KHC:44771

4.

The aforesaid submission is placed on record.

5.

In view of the aforesaid submission, the Writ Petition stands disposed of. (S.R.KRISHNA KUMAR) JUDGE

BMC List No.: 2 Sl No.: 6

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.