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Allahabad High Court

SHUEB AKHTARversusSTATE OF UTTAR PRADESH AND ANOTHER

Decided

Holding

A system‑generated notice that does not bear the name, office or digital signature of the authorised officer is ultra vires, rendering the cancellation order invalid.

Summary

Shueb Akhtar challenged the cancellation of his registration under the Uttar Pradesh Goods and Services Tax Act, 2017, effected by a system‑generated notice dated 05.02.2026 and an order dated 06.04.2026. The petitioner argued that the notice, being issued by the computer system without the name, office or digital signature of the authorised officer, was contrary to the Act and the Rules. The Court relied on its earlier decision in M/Y Ent Bhatta v. State of U.P. & Anr., which held that power to issue notices lies with officers, not the system, and that a notice lacking the officer’s identification is ultra vires. Applying the same reasoning, the Court held the notice and the cancellation order invalid and set them aside, directing the revenue authorities to issue a fresh notice in compliance with law. The petition was allowed.

Issues considered

  • Whether a system‑generated notice lacking the name, office and digital signature of the issuing authority is valid under the U.P. GST Act, 2017.
  • Whether the cancellation of the petitioner's GST registration based on such a notice is lawful.

Legislation cited

Subjects

  • GST registration
  • system‑generated notice
  • digital signature
  • jurisdictional officer
  • cancellation of registration
  • ultra vires
  • writ petition

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT TAX No. - 4003 of 2026

Shueb Akhtar
                                                                       .....Petitioner(s)
                                        Versus

State Of Uttar Pradesh And Another
                                                                    .....Respondent(s)

Counsel for Petitioner(s)             : Divyanshu Pandey, Utkarsh Malviya
Counsel for Respondent(s)             : C.S.C.

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

1. Heard learned counsel for the petitioner and learned counsel for the
revenue.

2. Present petition has been filed against the impugned order dated
06.04.2026 cancelling the petitioner's registration under the U.P.G.S.T. Act,
2017.

3. Matter is described to be covered by an earlier order of this Court in M/s
M Y Ent Bhatta vs State of U.P. & Anr., Neutral Citation No. -
2025:AHC:78209-DB. Therein, it has been observed as below:

     "3. It is submitted that the notice issued inter alia indicates 'Jurisdictional
     Officer System Generated Notice, Contact Jurisdiction Office for further
     process'.

     4. It is emphasized that issuance of the notice itself was contrary to law as
     the authority vests in officers and not in the system and, therefore, the
     consequential order cancelling the registration of the petitioner deserves
     to be quashed and set aside.

     5. By order dated 08.04.2025, respondents were directed to obtain
     instructions in the matter. Instructions have been obtained along with the
     explanation given by GSTN inter alia indicating 'Advisory on issuance of
     Notices/Orders without digital signatures of the issuing authorities'. The
     indications made therein are that as the authority logs in by way of
     digital signature, it is not necessary that the orders which are passed
                                                                                                       WTAX No. 4003 of 2026
                                                                             2


                                               should bear the digital signatures.

                                               6. The advisory sought to be relied on by the respondents in the present
                                               case is misplaced, the same may be a valid explanation in case where the
                                               name and office of the issuing authority is indicated, however, the same
                                               does not bear the digital signatures.

                                               7. In the present case, the notice, as quoted herein before, does not bear
                                               either the name or the office of the issuing authority and what has been
                                               indicated is that the same is system generated. As the power lies with the
                                               officers and not with the system, the issuance of notice which is system
                                               generated and does not bear the name/office, cannot be justified based on
                                               the explanation sought to be produced.

                                               8. Consequently, as the notice issued itself is de hors the Act and the
                                               Rules, the same cannot be sustained. The writ petition is allowed. The
                                               notice dated 14.11.2023 and order dated 05.01.2024, Annexures-2 &1
                                               respectively, are quashed and set aside."

                                    4. In view of the similar facts and for self-same reasons, present petition is
                                    also disposed of on the same terms. The impugned order dated
                                    06.04.2026 and the preceding system generated notice dated 05.02.2026 are
                                    set aside with liberty to the revenue authorities to issue fresh notice in
                                    accordance with law.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 30, 2026
                                    Anurag/-




Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad


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