M/S RADHEY KRISHNA MEDICAL v. STATE OF U.P. AND 3 OTHERS
WTAX/4399/2025 · 2025-09-07
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92641 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 4399 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Having heard Sri Nishant Mishra, 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 21.01.2021 w.e.f. 13.01.2021. 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 2017-18, 2019-20 through e- mode, preceding the adjudication orders dated 20.04.2022, 13.02.2023 and 17.08.2024 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 orders dated 20.04.2022, 13.02.2023 and
17.08.202. The petitioner may treat the said order itself to be the notice and submit its final reply thereto within a period of four weeks from Versus Counsel for Petitioner(s) : Nishant Mishra, Vedika Nath Counsel for Respondent(s) : C.S.C. M/S Radhey Krishna Medical .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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. September 8, 2025 K.K. Maurya WTAX No. 4399 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad