M/S EASY CONSTULTANTS, LKO. THR. PROPRIETOR, BHAVANI BHIKH v. STATE OF U.P. THRU. PRIN. SECY. (DEPTT. OF STATE TAX), LKO. AND 2 OTHERS
WTAX/382/2025 · 2025-04-24
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135915 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135915 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23327
Court No. - 6 Case :- WRIT TAX No. - 382 of 2025 Petitioner :- M/S Easy Constultants, Lko. Thr. Proprietor, Bhavani Bhikh Respondent :- State Of U.P. Thru. Prin. Secy. (Deptt. Of State Tax), Lko. And 2 Others Counsel for Petitioner :- Ravindra Gupta,Quaiser Abbas 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 the order dated 09.08.2024 passed under Section 73 of the GST Act as well as the order dated 11.03.2025 whereby the appeal was dismissed as being beyond limitation.
3. The neat contention of learned counsel for the petitioner is that in terms of circular issued by the respondents, it is incumbent that date of reply has to prior to date of personal hearing, which has not been done in the present case.
4. It is argued that the said issue was dealt with by this Court in Writ Tax No.303 of 2024 (Mahaveer Trading Company vs. Deputy Commissioner, State Tax and Anr.) vide judgment dated 04.03.2024.
5. On the said sole ground, following the judgment in the case of Mahaveer Trading Company (supra), present petition is allowed.
6. Orders dated 09.08.2024 & 11.03.2025 are quashed.
7. Matter is remanded to the assessing authority to pass fresh
order after giving an opportunity of hearing to the petitioner.
Order Date :- 24.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench