Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 4834 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 April 1, 2024
passed by the respondent No.3/Deputy Commissioner, State Tax, Sector-
1, Mirzapur 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 May 31, 2022. 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) : Lokesh Mittal, Vishnu Kesarwani Counsel for Respondent(s) : C.S.C. M/S Shukla Auto Mobiles .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
and accordingly, the impugned order dated April 1, 2024 passed by the 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 23, 2025 DKS WTAX No. 4834 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad