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M/s Uttar Pradesh Cooperative Processing and Cold Storage Federation Limited-vs-State of U.P. and 2 Others-2026-juristway.com-3282-HC(Allahabad)-GST
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2026-juristway.com-3282-HC(Allahabad)-GSTM/s Uttar Pradesh Cooperative Processing and Cold Storage Federation Limited v State of U.P.
✓ Good LawRemanded1 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3282-HC(Allahabad)-GST

M/s Uttar Pradesh Cooperative Processing and Cold Storage Federation Limited

versus

State of U.P. and 2 Others

Court - Bench
In The High Court (HC) - Allahabad
Date of Judgment
03 November 2026
Judges
Hon'ble Mr. Justice Vikas Budhwar
Case Number
Writ Tax No. - 4140 of 2026
Advocate (Petitioner)
Anand Kumar Pandey, Kamlesh Kumar Bharti, Vaibhav Singh
Advocate (Respondent)
C.S.C.
Quick ref
Takeaway

Personal Hearing — Hearing Columns in Show Cause Notice Marked "NA" — Belated Appeal — An order under Section 73(9) passed on a show cause notice whose date, time and venue of personal hearing were left as "NA" is procedurally vitiated, the issue being no longer res integra; the defect justifies setting aside both the original order and the appellate order rejecting the taxpayer's belated appeal, despite the Revenue's objection that the appeal ought to have been filed in time.

Digest & Analysis
Litigation Digest

In M/s Uttar Pradesh Cooperative Processing and Cold Storage Federation Limited v. State of U.P., 2026-juristway.com-3282-HC(Allahabad)-GST, where, after a summons under Section 70, a show cause notice under Section 73 dated 18.11.2022 for FY 2017-18 called for a reply by 24.12.2022 but recited "NA" against the date, time and venue of personal hearing, an order under Section 73(9) dated 30.12.2023 imposed liability on the petitioner, whose GST registration had been closed, and its appeal under Section 107(1), filed after it learnt of the order following a long interval, was rejected by the Additional Commissioner, Grade-2 (Appeal), State Tax, Judicial Division, Bulandshahr on 27.02.2026, the Standing Counsel contending that the petitioner had acted recklessly in not appealing within time, the court held that, the notice not specifying the date, time and venue of hearing, the procedural part stood vitiated in view of the plethora of judgments on the subject (para 8); the order of the Commercial Tax Officer, Bulandshahr Sector-I dated 30.12.2023 and the appellate order dated 27.02.2026 were set aside and the matter remitted, the petitioner being deemed to have knowledge of the notice, with a hearing to be fixed in the last week of November 2026, a fresh order by 31.12.2026 and no unnecessary adjournments (paras 9–11).

✎ Editor's Note

The order applies a settled Allahabad line: a show cause notice whose hearing columns read "NA" vitiates the resulting order, and the vitiation carries the appellate order with it even where the appeal was belated. The court did not examine the length of the delay or the reasons for it, so the order is not authority on condonation. Two practical points arise. First, closure of registration does not end exposure under Section 73: the petitioner's registration had been closed, yet the order came to its knowledge only after a long interval. Entities that close registration should continue to monitor the portal or nominate a person to receive notices for open years. Secondly, the remand fixes no separate date for a reply; the petitioner is deemed to have knowledge of the notice dated 18.11.2022 and should file a detailed reply for FY 2017-18 well before the hearing in the last week of November 2026, since the fresh order is due by 31.12.2026 and unnecessary adjournments will not be entertained. The paragraph numbering in the order skips para 12.

Disclaimer: This content reflects the editor's personal views and should not be treated as a legal opinion or professional advice.

Full Text
Judgment & Order
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