M/S Raza Enterprises v. Shadab Alam

#1. Having heard Shri Utkarsh Malviya holding brief of Sri Shadab Alam, 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 May 30, 2024 w.e.f. January 31, 2024. 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 2021-22, 2022-23 and 2023-24 through e-mode, preceding the adjudication orders dated May 30, 2025 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 May 30, 2025. The petitioner may treat the said order itself to be the notice and submit its final reply 2 WTAX No. 4386 of 2025 thereto 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. September 25, 2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad