M/S Badrika Overseas PVT LTD. vs. Superintendent Of Central Tax
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Cause title — parties, addresses and appearances
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"(A) Set aside the impugned Show Cause Notice dated 01.09.2025 issued in Reference No. ZA290925002715C by the 1st Respondent as per Annexure- A, by issuing a writ of certiorari or any other writ in the nature of writ of certiorari.
(A.A) Quash the impugned order dated 27.09.2025 bearing Reference No.ZA290925303041R dated 27.09.2025 passed by respondent No.1 at Annexure – A1 by issuance of writ of certiorari.
(B) Grant any other relief as this Hon'ble Court deems fit in the facts and circumstances of the present case, in the interest of equity and justice." HC-KAR NC: 2025:KHC:41587
Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
A perusal of the material on record will indicate that on 01.09.2025, respondent No.1 issued the impugned Show Cause Notice calling upon the petitioner as to why his GST registration should not be cancelled. Petitioner submitted his replies dated 08.09.2025 and 17.09.2025 to the Show Cause Notice and approached this Court by way of the present petition, which was preferred on 22.09.2025. During pendency of the present petition, the respondents have passed the impugned order dated 27.09.2025 cancelling the GST registration, pursuant to which the petitioner has got the petition amended by filing I.A.2/2025 which was allowed vide order of even dated. Accordingly, petitioner has assailed the impugned Show Cause Notice as well as the impugned GST Registration cancellation order in the present petition.
Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same is liable to be dismissed. HC-KAR NC: 2025:KHC:41587
Before adverting to the rival contentions, it would be necessary to extract the impugned Show Cause Notice, which reads as under:
“Show Cause Notice for Cancellation of Registration
Whereas on the basis of information which has come to my notice, it appears that your registration is liable to be cancelled for the following reasons:
Section 29(2) (e)-registration obtained by means of fraud, willful misstatement or suppression of facts.
Rule 21(b)- person issues invoice or bill without supply of goods or service or both in violation of the provisions of the Act, or the rules made thereunder.
Rule 21(a)-Person does not conduct any business from declared place of business / place of business not found. Remarks:
You are hereby directed to furnish a reply to the notice within seven working days from the date of service of this notice.
You are hereby directed to appear before the undersigned authority on undefined at undefined.
If you fail to furnish a reply within the stipulated date or fail to appear for personal hearing on the appointed date and time, the case will be decided ex-parte on the basis of available records and on merits.
Please note that your registration stands suspended with effect from 01/09/2025. HC-KAR NC: 2025:KHC:41587 Kindly refer the supportive document attached for case specific details.”
A perusal of the impugned Show Cause Notice will clearly indicate that the same is a cryptic, laconic and unreasoned Show Cause Notice, which does not contain any reasons as to why the GST of the registration of the petitioner is sought to be cancelled excepting citing certain statutory provisions. Under these circumstances, the question of respondents proceeding further and cancelling the GST of the petitioner pursuant to the illegal and arbitrary Show Cause Notice would not arise and consequently, the impugned Show Cause Notice and all further proceedings pursuant thereto including the impugned order deserves to be quashed reserving liberty in favour of the respondent to issue a fresh Show Cause Notice and proceed further in accordance with law.
Learned counsel for the respondents – revenue submits that the petitioner may be directed to file returns regularly and pay up to date taxes to the respondents. By way of reply, learned counsel for the petitioner submits that petitioner has paid up to date taxes and that the petitioner is willing to file the returns subsequently. HC-KAR NC: 2025:KHC:41587
The submission of both sides is placed on record.
In the result, I pass the following: ORDER
(i) The petition is hereby allowed.
(ii) The impugned Show Cause Notice at Annexure – A dated 01.09.2025 issued by respondent No.1 and the impugned order at Annexure – A1 dated 27.09.2025 passed by respondent No.1 is hereby quashed.
(iii) Liberty is reserved in favour of the respondents to issue a fresh Show Cause Notice and proceed further against the petitioner, in accordance with law.
(iv) It is needless to state that in the event the respondents were to issue a fresh Show Cause Notice, the petitioner would be entitled to file reply and contest the proceedings. (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 2 Sl No.: 9
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.