Neutral Citation No. - 2025:AHC:91424 Court No. - 10 Case :- WRIT TAX No. - 1798 of 2024 Petitioner :- M/S Sea Rock Bilders India Respondent :- State of U.P. and Another Counsel for Petitioner :- Rishi Raj Kapoor Counsel for Respondent :- C.S.C. Hon'ble Piyush Agrawal,J. 1. Heard Mr. Rishi Raj Kapoor, learned counsel for the petitioner and Mr. Ravi Shanker Pandey, learned ACSC for the State- respondents. 2. By means of present petition, the petitioner is assailing the orders dated 30.12.2023 passed by respondent no. 2 ( for tax period of July, 2017 to March 2018 F.Y. 2017-18), notice dated 28.9.2023 issued by respondent no. 2, and impugned acknowledgement for submission of appeal dated 11.9.2024 passed by respondent no. 3. 3. Learned counsel for the petitioner submits that the petitioner is a proprietorship firm having GSTIN No. 09AAJFM0370J1Z5. He submits that the registration number was surrendered by the petitioner and an order of cancellation of registration was passed on 15.12.2022 and registration was cancelled w.e.f. 1.10.2022. He further submits that a show cause notice dated 28.9.2023 in FORM GST DRC 01 was issued by respondent no. 2 under Section 73 of the Act in which date of filing reply as well as personal hearing was fixed on 28.10.2023 but the petitioner could not see the aforesaid notice as the registration was cancelled w.e.f. 1.10.2022 and it was not posted in the notices and order but the same was posted in additional notices and orders in the GST portal. He submits that the petitioner has never made any revival application for revival of the registration, therefore, he could neither appeared on the date fixed nor filed objection to the show cause notice but the impugned order has been passed without giving any proper opportunity of personal hearing to the petitioner, which is gross violation of principles of natural justice. He submits that the petitioner has challenged the said order in appeal, which has also been dismissed on the ground of latches. 4. Learned counsel for the petitioner further submits that the issue involved in the present writ petition is squarely covered with the Division Bench judgement of this Court passed in M/s Mr Associates Vs. State of UP and another (Neutral Citation No. 2024: AHC:117606-DB) and Mahaveer Trading Company Vs. Deputy Commissioner State Tax and another (Neutral Citation No. 2024: AHC:38820-DB). He prays for allowing the present writ petition. 5. Per contra, learned ACSC supports the impugned order. 6. After hearing learned counsel for the parties, the Court has perused the records. 7. It is not in dispute that the show cause notice has been uploaded in additional notices and orders instead of notice and order in the GST portal and the impugned order has been passed exparte without affording opportunity of personal hearing to the petitioner. 8. The issue involved in the present writ petition is squarely covered by the Division Bench judgement this Court passed in M/s Mr Associates (supra) and Mahaveer Trading Company (Supra), therefore, the present writ petition is decided in the same terms as enumerated in the aforesaid cases. 9. In view of above, the writ petition is allowed. The impugned orders are set aside. 10. The matter is remanded to the assessing authority, who shall issue fresh notice to the petitioner in accordance with law within a period of one week from the date of production of certified copy of this order. The petitioner is directed to submit its reply within 15 days after receipt of the notice and after submitting the reply within time, the adjudicating authority shall pass reasoned and speaking order, within a period of two months thereafter, after affording due opportunity of hearing to the petitioner. Order Date :- 28.5.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad