M/S S.K. Trading Company vs. State Of Punjab And Others

CWP/36573/2025HC Punjab and HaryanaGSTCNR PHHC01197485202527 May 2026Bench: MR. JUSTICE DEEPAK SIBAL,MS. JUSTICE LAPITA BANERJI1 pages
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Facts

The petitioner, M/s S.K. Trading Company, challenged an adjudication order dated 25.04.2024 (Annexure P-3) and an appellate order dated 06.11.2025 (Annexure P-5) passed by the respondent-State of Punjab and others. The core of the petitioner's grievance was that no opportunity of personal hearing was provided before the adjudication order was passed. The respondent-State, represented by the learned State counsel, could not distinguish the present case from a previous judgment rendered by the High Court in a similar matter.

Held

The Court held that the impugned adjudication order dated 25.04.2024 and the appellate order dated 06.11.2025 were not only violative of the principles of natural justice but also contravened Section 75(4) of the Central Goods and Services Tax Act, 2017, as no personal hearing was afforded to the petitioner. The Court found that the respondent-State could not distinguish the present case from its prior judgment in CWP-33977-2025 - ‘Kemexel Ecommerce Pvt. Ltd. Vs. State of Punjab and others’. Consequently, the Court set aside both the adjudication and appellate orders. The Court granted liberty to the respondent-State to proceed afresh against the petitioner in accordance with the law. The ratio decidendi is that a statutory order passed without providing a mandatory personal hearing, as stipulated by principles of natural justice and Section 75(4) of the CGST Act, 2017, is unsustainable.

Key Issues

1. Whether the impugned adjudication order dated 25.04.2024 is violative of the principles of natural justice and Section 75(4) of the Central Goods and Services Tax Act, 2017, due to the denial of a personal hearing to the petitioner? Petitioner's Argument: The petitioner contended that the adjudication order was passed without affording them an opportunity of personal hearing, which contravenes the principles of natural justice and the specific provisions of Section 75(4) of the CGST Act, 2017. They relied on the High Court's recent judgment in CWP-33977-2025 - ‘Kemexel Ecommerce Pvt. Ltd. Vs. State of Punjab and others’. Revenue's Argument: The respondent-State, through the learned State counsel, was unable to distinguish the applicability of the precedent case ('Kemexel Ecommerce Pvt. Ltd.') to the petitioner's situation.

Sections Cited

Section 75(4)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH 104

CWP-36573-2025

Date of Decision: 27.05.2026

M/s S.K. Trading Company

... Petitioner

Versus State of Punjab and others

....Respondents

CORAM: HON’BLE MR. JUSTICE DEEPAK SIBAL

HON’BLE MS. JUSTICE LAPITA BANERJI

Present:- Mr. R.K. Bajaj, Advocate for the petitioner.

Ms. Shruti, AAG, Punjab.

***** DEEPAK SIBAL, J. (Oral)

It is not disputed that before passing of the impugned adjudication order dated 25.04.2024 (Annexure P-3), no opportunity of personal hearing was afforded to the petitioner. That being so, the petitioner’s case would be covered in its favour by a recent judgment rendered by us on 24.03.2026 in CWP-33977- 2025 - ‘Kemexel Ecommerce Pvt. Ltd. Vs. State of Punjab and others’ as the impugned adjudication order dated 25.04.2024 (Annexure P-3) is not only violative of the principles of natural justice but also contravenes Section 75(4) of the Central Goods and Services Tax Act, 2017. 2. Learned State counsel has not been able to distinguish the applicability of

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