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2025 DAILYLAW 141579 (ALL)

M/S BHARAT CONSTRUCTION AND GENERAL ORDER SUPPLIER THRU. PROPRIETOR KRISHNA CHANDRA GOSWAMI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT.( INSTITUTIONAL FINANCE ) LKO. AND 2 OTHERS

WTAX/490/2025 · 2025-05-26

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:31191 Court No. - 6 Case :- WRIT TAX No. - 490 of 2025 Petitioner :- M/S Bharat Construction And General Order Supplier Thru. Proprietor Krishna Chandra Goswami Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt.( Institutional Finance ) 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. 2. Present petition has been filed challenging the order dated 01.04.2024 whereby the registration of the petitioner has been cancelled, as well as the order dated 27.03.2025 whereby the appeal was dismissed as being beyond limitation. 3. The neat submission of leaned counsel for the petitioner is that the order cancelling the registration is bereft of any reasoning. The said issue was dealt with by this Court in the case of M/s Chandra Sain, Sarda Nagar, Lucknow Thru. Its Proprietor v. U.O.I & Ors. (Writ Tax No.147 of 2022) decided on 22.09.2022. 4. I have perused the impugned order, which is patently a non- speaking order. 5. Considering and adopting the reasoning as contained in the case of M/s Chandra Sain (supra), the present petition is allowed. 6. Orders dated 01.04.2024 and 27.03.2025 are set aside. 7. Matter is remanded back to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. Order Date :- 26.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench