Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133400 (ALL)

M/S S.K. METAL INDUSTRIES,LUCKNOW THRU. PROPRIETOR KALEEM v. STATE OF U.P. THRU. PRIN. SECY. (DEPTT. OF STATE TAX) LKO. AND 2 OTHERS

WTAX/333/2025 · 2025-04-17

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:21574 Court No. - 6 Case :- WRIT TAX No. - 333 of 2025 Petitioner :- M/S S.K. Metal Industries,Lucknow Thru. Proprietor Kaleem Respondent :- State Of U.P. Thru. Prin. Secy. (Deptt. Of State Tax) Lko. And 2 Others Counsel for Petitioner :- Ravindra Gupta Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner and the learned Standing Counsel. 2. The present petition has been filed challenging the order dated 29.08.2024 passed under section 73 of the GST Act as well as the order dated 01.04.2025 whereby the appeal was dismissed as being beyond the limitation. 3. The contention of the counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the order under section 73 of the Act, which is contrary to the mandate of Section 75(4) of the GST Act. He argues that in the notice also, the date of reply and the date of hearing was same. 4. Standing Counsel, based upon the instructions, states that along with the reply, no opportunity of hearing was sought by the petitioner, as such, no hearing was accorded. 5. Considering the said submissions, the issue raised are squarely covered by the judgment of this court in the case of Mahaveer Trading Company vs. Deputy Commissioner, State Tax and Anr. decided on 04.03.2024 and in Writ Tax No.1029 of 2021 (Bharat Mint and Allied Chemicals vs. Commissioner Commercial Tax) decided on 04.03.2022. 6. Following the said judgments, the impugned orders dated 29.08.2024 and 01.04.2025 are quashed. The matter is remanded to the assessing authority to pass fresh order in accordance with law. 7. The writ petition stands disposed off. Order Date :- 17.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench