M/S PRATISHTHA BANQUET HALL v. STATE OF UTTAR PRADESH AND ANOTHER
WTAX/3882/2025 · 2025-09-14
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86154 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 3882 of 2025 Court No. - 3 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 10.12.2021 and 22.8.2022 passed by the respondent No.3/Assistant Commissioner, State Tax, Sector-17, Agra 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 on 03.06.2021. 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 74 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 10.12.2021 and 22.8.2022 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. September 15, 2025 Md Faisal Versus Counsel for Petitioner(s) : Niraj Kumar Singh, Vishakha Kshatriya Counsel for Respondent(s) : C.S.C. (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) M/S Pratishtha Banquet Hall .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad