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2025 DAILYLAW 136068 (ALL)

PREM CHAND ROY, PROP. OF M/S PREM CHAND ROY LUCKNOW v. STATE OF U.P. THRU. PRIN. SECY. (G.S.T. DEPTT.), LKO. AND OTHERS

WTAX/385/2025 · 2025-04-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23659 Court No. - 6 Case :- WRIT TAX No. - 385 of 2025 Petitioner :- Prem Chand Roy, Prop. Of M/S Prem Chand Roy Lucknow Respondent :- State Of U.P. Thru. Prin. Secy. (G.S.T. Deptt.), Lko. And Others Counsel for Petitioner :- Sandeep Gupta,Ravi Kumar Surtani 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 orders dated 20.12.2023 passed under Section 73 of the GST Act as well as the order dated 08.04.2025 whereby the appeal was dismissed. 3. The neat contention of learned counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the order under Section 73. In the notice, 'NA' was inscribed in front of the tab of date of hearing. 4. The said fact is not disputed by learned Standing Counsel. 5. Considering and following the law as laid down in Writ Tax No.303 of 2024 (Mahaveer Trading Company vs. Deputy Commissioner, State Tax and Anr.) vide judgment dated 04.03.2024, present petition is allowed. 6. Orders dated 20.12.2023 & 08.04.2025 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 :- 25.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench