M/S S G Traders vs. State Of U.P. And Another
Facts
The petitioner, M/s S G Traders, had its GST registration cancelled on November 25, 2021, effective from September 3, 2021. The revenue has not contended that this registration was ever revived or that the petitioner sought its revival. Consequently, the petitioner argues it was not obligated to check the GST portal for show cause notices issued for the period 2020-21, preceding an adjudication order dated September 27, 2024. The revenue has also not claimed that any physical or offline notice was served on the petitioner before this impugned order was passed. The High Court noted these peculiar facts.
Held
The Court held that given the undisputed cancellation of the petitioner's GST registration and the absence of any claim by the revenue that physical/offline notices were issued or served, the petitioner was not obligated to visit the GST portal for electronic notices. The Court found that the essential requirement of the rules of natural justice had not been fulfilled. Therefore, the adjudication order dated September 27, 2024, was set aside. The Court directed that the petitioner could treat the said order as a notice and submit its final reply within four weeks. Following this, a fresh order was to be passed after affording an opportunity of personal hearing, as expeditiously as possible, preferably within three months.
Key Issues
1. Whether the petitioner was obligated to visit the GST portal to receive show cause notices issued for the tax period 2020-21, given the cancellation of its GST registration, and whether the adjudication order dated September 27, 2024, passed pursuant to such notices, is valid. (Question of law and fact, concerning principles of natural justice and procedural requirements under GST law). Petitioner's Contention: The petitioner argued that since its GST registration was cancelled, it was not obligated to check the GST portal for notices. It also contended that no physical or offline notice was served before the impugned order was passed, thus violating principles of natural justice. Revenue's Contention: The revenue did not dispute the cancellation of registration or the lack of physical notice. Their primary stance, implied by the adjudication order, was that notices were issued electronically via the GST portal.
Sections Cited
None explicitly mentioned in the judgment text provided.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:91180-DB Chief Justice's Court Case :- WRIT TAX No. - 2576 of 2025 Petitioner :- M/s S G Traders Respondent :- State of U.P. and another Counsel for Petitioner :- Niraj Kumar Singh, Vishakha Kshatriya Counsel for Respondent :- C.S.C., Ankur Agarwal (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J.
Having heard Sri Niraj Kumar Singh, learned counsel for the petitioner and Sri Ankur Agarwal learned Standing Counsel for the respondents, it remains undisputed that the petitioner's registration under the UPGST Act, 2017 was cancelled on 25.11.2021 w.e.f. 03.09.2021. It is not the case of the revenue that the said registration has ever been revived or that the petitioner ever sought revival of that registration.
In view of the above, it does merit acceptance that the petitioner was not obligated to visit the GST portal to receive the show cause notices that may have been issued to the petitioner for 2020-21 through e-mode, preceding the adjudication order dated 27.09.2024 passed in pursuance thereto.
It is also not the case of the revenue that any physical/offline notice was issued to or served on the petitioner before t
The judgment continues below.
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