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2025 DAILYLAW 82823 (ALL)

M/S VIJAY SHARMA CONTRACTOR v. STATE OF UTTAR PRADESH AND 2 OTHERS

WTAX/3671/2025 · 2025-08-05

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133328-DB Court No. - 3 Case :- WRIT TAX No. - 3671 of 2025 Petitioner :- M/S Vijay Sharma Contractor Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Himanshu Mishra,Kedar Nath Kumar,Shivendra Kumar Giri,Vishnu Kesarwani Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the parties and perused the record. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated 30.12.2023 passed by the respondent No.3/Commercial Tax Officer, State Tax, Sector-2, Hasanpur, Moradabad, under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as "the Act"). 3. Factual matrix in the matter is that the petitioner's registration under the Act was cancelled. Subsequent to the same, no business was carried out by the petitioner. It appears that a show cause notice was uploaded on the GST portal and subsequent to the same, the order impugned was passed under Section 73 of the Act. 4. Once the registration has been cancelled, the petitioner is not obligated to check GST portal. The mode of service of any show cause notice has to be by way of alternative means to the petitioner. 5. Counsel appearing on behalf of the petitioner relies upon an order passed by the coordinate Bench of this Court in M/s Katyal Industries v. State of U.P. and others, Neutral Citation No.2024:AHC:23697-DB. We are essentially in agreement with the said principle enunciated by the coordinate Bench in the said order. 6. We find that there has been violation of the principle of natural justice, and accordingly, the impugned order dated 30.12.2023 passed by the respondent No.3 is quashed and set aside. The department shall be at liberty to issue a proper notice to the petitioner and act in accordance with law. 7. With the above direction, the writ petition is disposed of. Order Date :- 6.8.2025 K.Tiwari (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad