BALA JI TRADERS GONDA THRU. PROPRIETOR VIJAY KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF INSTITUTIONAL FINANCE U.P. LKO. AND 2 OTHERS
WTAX/273/2025 · 2025-04-01
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130835 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130835 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17877 Court No. - 6 Case :- WRIT TAX No. - 273 of 2025 Petitioner :- Bala Ji Traders Gonda Thru. Proprietor Vijay Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Institutional Finance U.P. Lko. And 2 Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging an order dated 12.05.2023 passed under Section 74 of GST Act as well as an
order in appeal dated 04.03.2025, which was dismissed on the ground of delay.
3. The neat submission of counsel for the petitioner is that no opportunity of hearing was granted as is evident from the order itself.
4. Learned Standing Counsel does not deny the said fact.
5. Thus, finding the impugned order under Section 74 of GST Act to be contrary to mandate of Section 75(4) of GST Act and thus, violative of Article 14 of the Constitution of India, the impugned orders dated 12.05.2023 & 04.03.2025 are quashed.
6. Matter is remanded to the assessing authority to pass fresh
order after giving an opportunity of hearing to the petitioner.
7. Present petition stands allowed in above terms.
Order Date :- 1.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench