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Allahabad High Court

SHRI SANJAY SHERAWAT AND ANOTHERversusJOIN COMMISSIONER AND ANOTHER

Decided

Holding

The adjudication order dated 25‑03‑2026 is set aside and the matter remanded for fresh service of notice and adjudication.

Summary

Petitioners Sanjay Sherawat and another challenged an adjudication order dated 25‑03‑2026 that imposed a penalty under section 122(2)(b) of the CGST Act, 2017. They submitted a supplementary affidavit showing that they had resigned as directors of M/s Daurli Ispat Pvt Ltd on the dates specified, with MCA documents. The court examined whether the show‑cause notice dated 05‑06‑2023 was validly served on them after their resignations and found that proper service had not occurred. Consequently, the adjudication order was held to be unsustainable. The court set aside the order and directed the revenue to serve a fresh notice within fifteen days, with the petitioners to reply within three weeks and a hearing to be fixed thereafter, concluding the matter by 31‑12‑2026.

Issues considered

  • Whether the show‑cause notice under the CGST Act was validly served on petitioners who had resigned as directors.
  • Whether the adjudication order imposing penalty under section 122(2)(b) of the CGST Act can stand without proper notice.
  • Whether the adjudication order should be set aside and proceedings remanded for fresh adjudication.

Legislation cited

Subjects

  • CGST
  • penalty
  • show cause notice
  • adjudication order
  • director resignation
  • service of notice
  • writ petition
  • tax law

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT TAX No. - 3563 of 2026

Shri Sanjay Sherawat And Another
                                                                .....Petitioner(s)
                                     Versus

Join Commissioner And Another
                                                              .....Respondent(s)

Counsel for Petitioner(s)                     :   Anil Prakash Mathur
Counsel for Respondent(s)                     :   Dhananjay Awasthi

Court No. - 39
                 HON'BLE SAUMITRA DAYAL SINGH, J.
                 HON'BLE SWARUPAMA CHATURVEDI, J.

1. Heard Shri Anil Prakash Mathur, learned counsel for the petitioner and
Shri Dhananjay Awasthi, learned counsel for the revenue.

2. Present writ petition has been filed to assail the Adjudication Order
dated 25.03.2026 passed by respondent no. 3 creating demand of penalty
under section 122 (2)(b) of CGST Act, 2017, and the consequential
recovery.

3. Supplementary affidavit is on record. In paragraph 2 of the said
affidavit, it has been stated as below:-

     "2. That the deponent above named is humbly filing the Supplementary
     Affidavit in terms of Hon'ble High Court's order dated 25.08.2026 to
     prove that Shri Sanjay Kumar petitioner no. 1 had resigned on
     18.09.2018 as he was Director from 27.09.2018 to 18.09.2018 of M/s
     Daurli Ispat Private Limited and petitioner Smt. Vinita had resigned on
     08.02.2022 and she was Director from 31.12.2020 to 08.02.2022.

     True copies of Ministry of Corporate Affairs showing the above details
     are annexed to this Supplementary Affidavit marked as Annexure No. SA-
     1 & SA-2 respectively."

4. To the extent, the fact of resignation (of the two petitioners) as
Directors of the company M/s Daurli Ispat Pvt. Ltd., is an indisputable
fact, occasioned by the recognition granted to those resignations under the
Companies Act, primarily, service of show cause notice dated 05.06.2023,
                                                                                            WTAX No. 3563 of 2026
                                                                   2


                                    issued after their resignation, may not amount to service of notice or
                                    knowledge of the show cause notice on the petitioners. As to service of
                                    individual notices on the petitioners, it also appears true that such notices
                                    were not served on the petitioners before the impugned order came to be
                                    passed.

                                    5. Confronted with the above, learned counsel for the revenue states that
                                    in such facts impugned order may be set aside qua the petitioners and the
                                    proceedings remanded to the respondent no. 3 for fresh adjudication.

                                    6. The present writ petition is accordingly disposed of on the following
                                    terms :

                                    (i) The impugned Adjudication Order dated 25.03.2026 is set aside.

                                    (ii) Respondent may serve the show cause notice dated 05.06.2023, upon
                                    the present petitioners, afresh along with all relied upon documents etc.
                                    within a period of fifteen days from today.

                                    (iii) The petitioners undertake to file their written reply to the show cause
                                    notice within a period of three weeks therefrom.

                                    (iv) Upon filing of such reply, appropriate date for hearing may be fixed
                                    by respondent no. 3 with at least fifteen days advance notice.

                                    (v) Petitioners undertake to cooperate in the proceedings and not seek any
                                    undue and long adjournment. Thereafter the proceeding may be
                                    concluded and appropriate fresh order may be passed as expeditiously as
                                    possible necessarily on or before 31.12.2026.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 8, 2026
                                    Bhanu




Digitally signed by :-
BHANU PRATAP KUSHWAHA
High Court of Judicature at Allahabad


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