Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 5037 of 2025
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE ARUN 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 08.12.2023 (FY
2017-18) passed by the respondent No.2/Deputy Commissioner, State
Taxes, Sector-1, Sambhal, 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 14.09.2018. 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.
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, Versus Counsel for Petitioner(s) : Niraj Kumar Singh, Vishakha Kshatriya Counsel for Respondent(s) : C.S.C. M/S M.A. Traders .....Petitioner(s) State of U.P. and Another .....Respondent(s)
and accordingly, the impugned order dated 08.12.2023 (FY 2017-18) 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. September 26, 2025 Ashok Kr. WTAX No. 5037 of 2025 2 (Arun Kumar,J.) (Shekhar B. Saraf,J.) ASHOK KUMAR High Court of Judicature at Allahabad