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2022 Supreme(All) 474

SAUMITRA DAYAL SINGH
Brij Bihari Singh, Through Its Proprietor Shri Bihari Singh – Appellant
Versus
Commissioner Commercial Tax Lucknow – Respondent


Advocates Appeared:
For the Petitioner: Pooja Talwar.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Ms. Pooja Talwar, learned counsel for the assessee and learned Standing Counsel for the revenue.

2. Challenge has been raised to the order passed by the Additional Commissioner, Grade-2 (Appeal), Commercial Tax, Sonbhadra dated 12.10.2021 in Appeal No. GST-47 of 2021 for the period 2019-20. By that order, that Appeal Authority has rejected as time barred the appeal filed by the petitioner against the order dated 28.02.2019, passed by the Proper Officer, cancelling the petitioner's registration, under Section 29 of the U.P. GST Act, 2017 (hereinafter referred to as the Act).

3. Having heard learned counsel for the parties and having perused the record, it transpires, the petitioner's registration under the Act was sought to be cancelled vide notice dated 28.02.2019. The petitioner submitted his reply thereto on 12.03.2019. However, in absence of the petitioner, the said registration was cancelled by an ex parte order dated 09.08.2019. Here, it is not in dispute that the petitioner was served with a copy of that order at the relevant time through the GSTN portal.

4. It is the grievance of the petitioner, despite best efforts, he could not file an appeal against that o

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