M/S Sugam Communication Thru. Proprietor Uday Pratap Singh vs. U.O.I. Thru. Secy. Ministry Of Finance Deptt. Of Revenue New Delhi And 4 Others
Original PDF →WTAX/1142/2025HC AllahabadGSTCNR UPHC02078611202516 October 2025Bench: SHEKHAR B. SARAF,PRASHANT KUMAR2 pages
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Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT TAX No. - 1142 of 2025
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel,
Shri Atul Kumar Singh, learned counsel for the Union of India and Shri
Kuldeep Nag, learned counsel for the Department of GST and perused the
record.
2. This is a writ petition under Article 226 of the Constitution of India
wherein the petitioner is aggrieved by the order dated 26.12.2023 passed
by the respondent No.4/Commercial Tax Officer, Barabanki, Sector-2,
Ayodhya (B), Ayodhya, Uttar Pradesh, under Section 73 of the Uttar
Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as "the
Act").
3. Factual matrix in the matter is that the petitioner's registration under the
Act was cancelled on September 4, 2018. Subsequent to the same, no
business was carried out by the petitioner. It appears that a show cause
notice was uploaded on the GST portal and subsequent to the same, the
order impugned was passed under Section 73 of the Act.
4. Once the registration has been cancelled, the petitioner is not obligated
to check GST portal. The mode of service of any show cause notice has to
be by way of alternative means to the petitioner.
Versus
Counsel for Petitioner(s)
:
Kshitij Singh, Shivam Singh
Counsel for Respondent(s)
:
A.S.G.I.,
C.S.C.,
Kuldeepak
Nag
(K.D.Nag)
M/S Sugam Communication Thru. Proprietor Uday
Pratap Singh
.....Petitioner(s)
U.O.I. Thru. Secy. Ministry Of Finance Deptt. Of
Revenue New Delhi And 4 Others
.....Respondent(s)
5. Counsel appearing on behalf of the petitioner relies upon an order
passed by the coordinate Bench of this Court in M/s Katyal Industries v.
State of U.P. and others, Neutral Citation No.2024:AHC:23697-DB. We
are essentially in agreement with the said principle enunciated by the
coordinate Bench in the said order.
6.
We find that there has been violation of the principle of natural justice, and accordingly, the impugned order dated 26.12.2023 passed by the respondent No.4 is quashed and set aside. The department shall be at liberty to issue a proper notice to the petitioner and act in accordance with law.
7.
With the above direction, the writ petition is disposed of. October 16, 2025 Raj WTAX No. 1142 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.