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M/S A.S.Creations Thru.Proprietor Gulzar Abbas vs. State Of U.P. Thru. Prin. Secy. Deptt. Commercial Tax U.P. And Another

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WTAX/1140/2025HC AllahabadGSTCNR UPHC02081214202516 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. - 1140 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties 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.2/Assistant Commissioner, State Tax, Sector-1, Lucknow, 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 25.02.2020. 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. 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. Versus Counsel for Petitioner(s) : Amrendra Kumar, Iqbal Haider Khan Counsel for Respondent(s) : C.S.C. M/S A.S.Creations Thru.Proprietor Gulzar Abbas .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Commercial Tax U.P. And Another .....Respondent(s)

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.2 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. 1140 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.