Case Details: Envicon Technologies India Pvt. Ltd. Versus State of U.P. (2025) 26 Centax 467 (All.)
Judiciary and Counsel Details
- Arun Bhansali, CJ. & Vikas Budhwar, J.
- S/Shri Ajay Kumar Kashyap & Ravindra Kumar Rastogi for the Petitioner.
- Shri Ankur Agarwal, Adv. for the Respondent.
Facts of the Case
The petitioner, a registered assessee under the Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act, 2017), had its GST registration cancelled retrospectively. Following this, the Revenue issued a show cause notice (SCN) solely through electronic mode. Without a response from the petitioner, an adjudication order was passed. The petitioner challenged this order before the Hon’ble High Court, arguing that no physical notice was served and that they were not obligated to monitor the GST portal after cancellation of registration. The petitioner contended that the failure to serve notice properly violated the principles of natural justice, making the adjudication order unsustainable.
High Court Held
The Hon’ble High Court held that the petitioner was not required to check the GST portal post-cancellation of registration, and the absence of physical service of notice amounted to a violation of natural justice. The court set aside the adjudication order, granting liberty to the petitioner to treat the order as a show cause notice and submit a reply. The authority was directed to pass a fresh order after affording a personal hearing. The writ petition was accordingly disposed of.
