M/S Oms Logistics Private Limited vs. State Of Uttar Pradesh And 2 Others

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WTAX/5003/2025HC AllahabadGSTCNR UPHC01515893202524 September 20252 pages

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Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 5003 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, 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 29.12.2023 passed by the respondent No.3/Commercial Tax Officer, State Tax, Sector- Kosikalan, Mathura 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 24.07.2019. 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, and accordingly, the impugned order dated 29.12.2023 passed by the Versus Counsel for Petitioner(s) : Lokesh Mittal, Vishnu Kesarwani Counsel for Respondent(s) : C.S.C. M/S Oms Logistics Private Limited .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s)

respondent No.3 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 25, 2025 Kuldeep WTAX No. 5003 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) KULDEEP SINGH High Court of Judicature at Allahabad

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.