Allahabad High Court
M/S Dharmadutt Brick Field , Bahraich ... vs State Of U.P. Thru. Addl.Chief Secy. , ... on 2 February, 2024
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:9887-DB
Court No. - 2
Case :- WRIT TAX No. - 19 of 2024
Petitioner :- M/S Dharmadutt Brick Field , Bahraich Thru. Proprietor Mr. Dharmadutt
Respondent :- State Of U.P. Thru. Addl.Chief Secy. , State Tax Civil Secrt. U.P. Govt. Lko. And Others
Counsel for Petitioner :- Ashish Kumar Singh,Shakeel Qureshi
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Hon'ble Om Prakash Shukla,J.
Heard learned counsel for the petitioner and the Sri Sanjay Sareen, learned Standing Counsel for the State.
Present petition has been filed for quashing of show cause notice dated 23.02.2023 and order dated 17.03.2023 whereby G.S.T. registration of petitioner has been cancelled. Petitioner further prayed that respondents may be directed to revoke the G.S.T. registration of petitioner.
The facts, in brief, are that the petitioner is an individual proprietorship concerned and engaged in the business of providing services in relation to towing of commercial and private vehicles and is registered under GST Act. It appears that the GST return was not filed by the petitioner and thereafter a show cause notice dated 23.02.2023 was issued on the ground of non-filing of the return for six months directing the petitioner to furnish reply to the notice within seven working days from the date of service of the notice.
The case of the petitioner is that he has not been able to get the show cause notice issued by the respondent and, therefore, he could not submit the reply within the stipulated time and, thus, an order came to be passed on 17.03.2023 whereby registration of the petitioner was cancelled.
Learned counsel for the petitioner submits that since he has not been heard while passing the order dated 17.03.2023, as such the petitioner is also entitled for the benefit of the order passed by this Court in Writ Tax No.147 of 2022 (Chandra Sarin Vs. Union of India) dated 22.09.2022. In the said judgment, the Court has held that the impugned order does not assign any reason whatsoever for cancelling registration of the petitioner and is passed only on the ground that reply to the show cause notice is not given. The non-submission of reply to the show cause cannot be a ground for cancellation of the registration. The relevant Paragraphs 8 and 9, of the judgment in Chandra Sarin (Supra), read as under:-
"8. In the present case from the perusal of the order dated 13.02.2020, clearly there is no reason ascribed to take such a harsh action of cancellation of registration. In view of the order being without any application of mind, the same does not satisfy the test of Article 14 of the Constitution of India, as such, the impugned order dated 13.02.2020 (Annexure - 2) is set aside. The petition is accordingly allowed.
9. It is, however, directed that the petitioner shall file reply to the show-cause notice within a period of three weeks from today. The Adjudicating Authority i.e. Assistant Commissioner, Lucknow shall proceed to pass fresh order after giving an opportunity of hearing to the petitioner and after considering whatever defence he may take."
In view thereof, the present petitioner is also entitled for the same relief. The benefit of the order dated 22.9.2022 passed in Writ Tax No.147 of 2022, shall also be made available to the present petitioner.
Accordingly, the present petition is allowed. The orders dated 17.03.2023 is set aside and the petitioner is permitted to appear before the respondent along with the reply to show cause notice and the certified copy of this order as well as the copy of the judgment passed in Chandra Sarin (Supra) dated 22.09.2022, within three weeks from today. In case, the petitioner appears along with the reply and the certified copy of this order, the respondents shall proceed to pass a fresh order in accordance with law.
Order Date :- 2.2.2024
Arti/-
[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]
