M/S Sindh Traders vs. The Commissioner State Tax

WPMB/755/2026HC UttarakhandGSTCNR UKHC01016181202615 September 2026Bench: HON'BLE SHRI JUSTICE MANOJ KUMAR GUPTA,HON'BLE MR. JUSTICE SUBHASH UPADHYAY4 pages
AI SummaryRemanded

Held

The High Court held that fixing a personal hearing before the reply submission deadline violated principles of natural justice and the procedure outlined in Section 75 of the CGST Act. Consequently, the impugned order was quashed, and the matter was remitted for fresh proceedings from the show cause notice stage.

Facts

M/s Sindhi Traders challenged a tax and penalty demand order issued under Section 73 of the CGST/UKGST Act. The petitioner contended that the show cause notice fixed the personal hearing date before the deadline for submitting a reply, violating principles of natural justice.

Key Issues

Whether scheduling a personal hearing prior to the deadline for submitting a reply to a show cause notice constitutes a breach of natural justice and the statutory procedure under the CGST Act.

Sections Cited

Section 73, Section 74, Section 75

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
UKHC010161812026 2026:UHC:8271-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (M/B) NO. 755 OF 2026 15TH SEPTEMBER, 2026 M/s Sindhi Traders …… Petitioner Versus The Commissioner, State Tax & another …… Respondents Counsel for the petitioner : Mr. Tarun Pande and Mr. Ashish Agarwal, learned counsel Counsel for the respondents : Ms. Puja Banga, learned Standing Counsel for the State through video conferencing The Court made the following:

JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.)

1)

Heard Mr. Tarun Pande and Mr. Ashish Agarwal, learned counsel for the petitioner-firm, and Ms. Puja Banga, learned counsel for the respondents-State. 2)

The petitioner-firm has assailed the order dated 18.12.2025 passed by respondent no. 2, under Section 73 of the C.G.S.T Act / UKGST Act, demanding tax of Rs. 1

UKHC010161812026

2026:UHC:8271-DB 1,87,258.05, along with penalty of Rs. 43,734/-, total sum of Rs. 2,30,99

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