RAKESH KUMAR AND SONS v. ASSISTANT COMMISSIONER, SECTOR-2, STATE TAX, BULANDSHAHAR AND ANOTHER
WTAX/2369/2025 · 2025-05-25
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58521 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58521 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88977-DB Chief Justice's Court Case :- WRIT TAX No. - 2369 of 2025 Petitioner :- Rakesh Kumar and Sons Respondent :- Assistant Commissioner, Sector-2, State Tax, Bulandshahar and another Counsel for Petitioner :- Nitin Kumar Kesarwani, Suyash Agarwal Counsel for Respondent :- C.S.C., Ankur Agarwal (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. Having heard Sri Nitin Kumar Kesarwani, 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 26.12.2022 w.e.f. 26.12.2022. 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.
2. 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 April, 2018- March, 2019 through e-mode, preceding the adjudication order dated 28.04.2024 passed in pursuance thereto.
3. It is also not the case of the revenue that any physical/offline notice was issued to or served on the petitioner before the impugned order came to be passed.
4. In view of peculiar facts noted above, no useful purpose may be served in keeping the petition pending or calling counter affidavit at this stage or to relegate the present petitioner to the forum of
alternative remedy.
5. Since essential requirement of rules of natural justice has remained to be fulfilled, we set aside the order dated 28.04.2024. The petitioner may submit its reply to the show cause notice within a period of four weeks from today. Subject to such compliance by the petitioner, fresh order may be passed after affording opportunity of personal hearing, as expeditiously as possible, preferably within a period of three months therefrom.
6. Writ petition is, accordingly, disposed of. Order Date :- 26.5.2025 Mukesh Pal/Sazia (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad