Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 4882 of 2025
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard counsel appearing on behalf of the petitioner and the learned
Additional Chief Standing Counsel appearing on behalf of the State.
2. This is a writ petition under Article 226 of the Constitution of India
wherein the petitioner is aggrieved by the order dated October 22, 2024
(FY 2018-19) passed by the respondent No.2/Deputy Commissioner,
State Taxes, Sector-1, Sambhal under Section 74 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 January 14, 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 74 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) : Niraj Kumar Singh, Vishakha Kshatriya Counsel for Respondent(s) : C.S.C. M/S Zahid Scrap Traders .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s)
6.We find that there has been violation of the principle of natural justice, and accordingly, the impugned order dated October 22, 2024 (FY 2018- 19) 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 24, 2025 Kuldeep WTAX No. 4882 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) KULDEEP SINGH High Court of Judicature at Allahabad