M/S GOPAL TRADERS,SITAPUR THRU. PROPRIETOR SHRI AMIT JAISWAL v. STATE OF U.P. THRU. COMMISSIONER STATE TAX LKO AND ANOTHER
WTAX/119/2025 · 2025-03-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126504 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126504 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13772 Court No. - 7 Case :- WRIT TAX No. - 119 of 2025 Petitioner :- M/S Gopal Traders,Sitapur Thru. Proprietor Shri Amit Jaiswal Respondent :- State Of U.P. Thru. Commissioner State Tax Lko And Another Counsel for Petitioner :- Shailesh Sachan,Deepak Kumar Pandey,Gaurav Singh,Sachin Kumar Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel.
2. The present petition has been filed challenging the order dated 30.12.2023 passed under Section 73 of the GST Act.
3. The neat contention of the Counsel for the petitioner is that no personal hearing was accorded to the petitioner prior to passing of the order impugned, which is mandatory under Section 75(4) of the GST Act.
4. Considering the submission of the Counsel for the petitioner and finding the order impugned to be contrary to Section 75(4) of the GST Act as well as being violation of principles of natural justice, the order impugned dated 30.12.2023 is quashed. The writ petition is allowed.
5. The matter is remitted back to the Assessing Authority to pass fresh order in accordance with law after affording opportunity of hearing. Order Date :- 6.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench