BHUVAN CONSTRUCTIONS v. THE JOINT COMMISSIONER OF CENTRAL TAX
WP/13945/2026 · 2026-06-03
B M Shyam Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20831 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20831 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26140 WP No. 13945 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 13945 OF 2026 (T-RES)
BETWEEN:
BHUVAN CONSTRUCTIONS NO 1, THALAVARAHALLI VILLAGE, HIREKEREHALLI POST, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 535, KARNATAKA REPRESENTED BY ITS PROPRIETOR SRI OBAIAH SIDDAIAH S/O OBAIAH, OCCUPATION BUSINESSMEN, AGED ABOUT 44 YEARS, R/O NO 1, THALAVARAHALLI VILLAGE, HIREKEREHALLI POST, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 535, KARNATAKA
…PETITIONER
(BY SRI. RENUKAPRASAD C M.,ADVOCATE)
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26140 WP No. 13945 of 2026
AND:
1.
THE JOINT COMMISSIONER OF CENTRAL TAX (APPEAL - II), OFFICE OF THE COMMISSIONER OF CENTRAL TAX GST APPEAL -II, TRAFFIC TRANSIT MANAGEMENT CENTRE, BMTC BUILDING, 4TH FLOOR, ABOVE BMTC BUS STAND, DOMLUR, OLD AIR PORT ROAD, BANGALORE-560 071
2.
THE SUPERINTENDENT OF CENTRAL TAX, NORTHWEST DIVISION - 6, CHITRADURGA DIVISION, 1ST AND 2ND FLOOR, ABOVE RE BAJAJ SHOWROOM, BN TOWER, PB ROAD, CHITRADURGA-577 501.
…RESPONDENTS (BY SRI. JEEVAN J NEERALGI ., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 1 UNDER SECTION 107 OF THE KGST AND CGST ACT, 2017 BEARING ORDER IN APPEAL OIA NO. 97-102/2024-25 VIDE DIN NO. 2024115700000081388A DATED 30.11.2024 AT ANNEXURE -F; QUASH THE ORDER PASSED BY THE RESPONDENT NO. 2 FOR CANCELLATION OF GST REGISTRATION VIDE ORDER REFERENCE NUMBER- ZA290324218373M DATED 27.03.2024 AT ANNEXURE-C; QUASH THE ORDER PASSED BY THE RESPONDENT NO. 2 FOR REVOCATION OF
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HC-KAR NC: 2026:KHC:26140 WP No. 13945 of 2026
CANCELLED GST REGISTRATION VIDE ORDER REFERENCE NUMBER-ZA290724121332Q DATED 30.07.2024 AT ANNEXURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is aggrieved by the decision to cancel the Goods and Services Tax registration and the affirmation of the decision to cancel the registration and the dismissal of the appeal. The decision to cancel is dated 27.03.2024 [Annexure - C] and the Order in appeal is dated 30.11.2024 [Annexure - F]. The petitioner's registration is cancelled because it did not file Returns for six consecutive months and the appeal is rejected on the ground of limitation.
Mr. Renukaprasad C M, the learned counsel for the petitioner, Mr. Jeevan J. Neeralgi, a learned Standing counsel for the respondents, are heard for
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HC-KAR NC: 2026:KHC:26140 WP No. 13945 of 2026
disposal of the petition with Mr. Renukaprasad C M stating that the petitioner will file all Returns and offer taxes, interest and payment. It transpires from the submissions that there would be no impediment for an assessee to file the Returns, offer taxes, interest and penalty.
In this Court's considered view, it should follow from this that if the petitioner files up-to-date Returns and offers all taxes, interest and penalty [subject to all due verification], there must be revocation of the decision to cancel the registration. This Court must also record that this Court's consistent view has been to permit an assessee to file up-to-date Returns, offer taxes, interest and penalty directing revocation of registration subject to all just verification. Hence, the following:
ORDER
The petition is allowed-in-part with liberty to the petitioner to file up-to-date
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HC-KAR NC: 2026:KHC:26140 WP No. 13945 of 2026
Returns, offer taxes, interest and penalty within a period of four [4] weeks from today calling upon the second respondent to revoke the cancellation of registration if the petitioner files up-to- date Returns and offer all taxes with interest and penalty subject to all just verification.
Sd/- (B M SHYAM PRASAD) JUDGE
RB