M/S KANSALT AND TRADE v. STATE OF U.P. AND 2 OTHERS
WTAX/4910/2025 · 2025-09-23
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100401 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100401 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 4910 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated 20.08.2022 passed by the Assessing Authority wherein no opportunity of hearing was granted to the petitioner.
3. Learned counsel appearing on behalf of the petitioner submits that neither any e-mail was received with regard to show cause notice nor the show cause notice was uploaded on the proper GST portal, rather, it reflects under the other tab "additional notices and orders". The Division Bench of this Court in Ola Fleet Technologies Limited v. State of U.P. and 2 Others [Writ Tax No.855 of 2024 (Neutral Citation No. - 2024:AHC:116559-DB) decided on July 22, 2024] has held that such notice which is not on the GST portal, but is under the other tab
"additional notices and orders" will not act as notice.
4. We are at consensus ad idem with the aforesaid judgement of the coordinate Bench of this Court.
5. In light of the same, the impugned order 20.08.2022 is quashed and set aside with a direction upon the authority concerned to issue a fresh show cause notice to the petitioner within a period of two weeks from date and continue with the proceedings in accordance with law. Versus Counsel for Petitioner(s) : Pranshu Gupta, Vipin Kumar Counsel for Respondent(s) : C.S.C. M/S Kansalt And Trade .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. The writ petition is disposed of. September 24, 2025 K.Tiwari WTAX No. 4910 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad