M/S SRIRAM TRADERS THRU.PROP. AJAY KUMAR GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. STATE TAX CIVIL SECTT. LKO AND ANOTHER
WTAX/327/2025 · 2025-04-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133832 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133832 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20491 Court No. - 6 Case :- WRIT TAX No. - 327 of 2025 Petitioner :- M/S Sriram Traders Thru.Prop. Ajay Kumar Gupta And Another Respondent :- State Of U.P. Thru. Prin. Secy. State Tax Civil Sectt. Lko And Another Counsel for Petitioner :- Savitra Vardhan Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner and learned Standing Counsel.
2. The present petition has been filed challenging an order dated 20.01.2023 whereby an amount of Rs.50,000/- has been imposed under section 125 of the GST Act.
3. Submission of the counsel for the petitioner is that penalty of Rs.50,000/- has been imposed under section 125 GST Act without even giving an opportunity of hearing. He argues that in terms of Section 125 also, a maximum penalty imposable is Rs.25000/- and the order is mechanical in imposing the penalty, which is also contrary to the mandate of Section 125 of the GST.
4. Considering the fact that no opportunity of hearing has been granted or is reflected in the said order, the order dated 20.01.2023 is quashed. The matter is remanded to the authority concerned to pass a fresh order after giving an opportunity of hearing in accordance with law.
5. The writ petition stands allowed with the said observations. Order Date :- 11.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench