A S TRADERS vs THE STATE OF UTTARAKHAND Advocate - C.S.C. — WPMB /187/2026

Case under Under Article 226 of the Constituion of India Section 226. Disposed: Contested--DISPOSED on 23rd March 2026.

CNR: UKHC010042872026

CASE DISPOSED

Filing Number

WPMB /2266/2026

Filing Date

19-03-2026

Registration No

WPMB /187/2026

Registration Date

19-03-2026

Judge

Hon'ble Shri Justice Manoj Kumar Gupta , Hon'ble Mr. Justice Subhash Upadhyay

Coram

Hon'ble Shri Justice Manoj Kumar Gupta , Hon'ble Mr. Justice Subhash Upadhyay

Bench Type

Division Bench

Category

MISC WRIT PETITION ( 2 )

Sub-Category

GOODS AND SERVICE TAX ACT ( 48 )

Judicial Branch

ALL SECTIONS (CIVIL AND CRIMINAL)

Decision Date

23rd March 2026

Nature of Disposal

Contested--DISPOSED

Acts & Sections

Under Article 226 of the Constituion of India Section 226

Petitioner(s)

A S TRADERS

Adv. PULAK RAJ MULLICK,SAHIL MULLICK,SAHIL MULLICK, ,SAHIL MULLICK

Respondent(s)

THE STATE OF UTTARAKHAND Advocate - C.S.C.

THE COMMISSIONER

Adv. C.S.C.

THE DEPUTY COMMISSIONER

Adv. C.S.C.

THE DISTRICT COLLECTOR

Adv. C.S.C.

Hearing History

Judge: Hon'ble Shri Justice Manoj Kumar Gupta , Hon'ble Mr. Justice Subhash Upadhyay

23-03-2026

FRESH CASES FOR ADMISSION -3

Orders

23-03-2026
Hon'ble Shri Justice Manoj Kumar Gupta,Hon'ble Mr. Justice Subhash Upadhyay

Summary The Uttarakhand High Court quashed the ex-parte GST assessment order dated 23.02.2024 and recovery proceedings against A.S. Traders, finding that the tax department failed to provide valid service of the show-cause notice and violated the statutory right to hearing under GST Act Section 75(4). The court ruled that serving notices exclusively through the GST portal to a non-registered assessee (whose registration was cancelled in March 2023) violates natural justice principles, and remanded the matter for fresh assessment with proper notice and personal hearing opportunity. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The Uttarakhand High Court quashed the ex-parte GST assessment order dated 23.02.2024 and recovery proceedings against A.S. Traders, finding that the tax department failed to provide valid service of the show-cause notice and violated the statutory right to hearing under GST Act Section 75(4). The court ruled that serving notices exclusively through the GST portal to a non-registered assessee (whose registration was cancelled in March 2023) violates natural justice principles, and remanded the matter for fresh assessment with proper notice and personal hearing opportunity. This case analysis is maintained by casestatus.in based on publicly available court records.

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