M/S VANDAM FILLING STATION,UNNAO THRU. PROPRIETOR UMESH SHIVADHAR VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 2 OTHERS
WTAX/492/2025 · 2025-05-26
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141677 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:31183
Court No. - 6 Case :- WRIT TAX No. - 492 of 2025 Petitioner :- M/S Vandam Filling Station,Unnao Thru. Proprietor Umesh Shivadhar Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 2 Others Counsel for Petitioner :- Anit Vishal Srivastav,Ramesh Chandra Srivastava 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 21.08.2024 passed under Section 73 of the GST Act as well as the order dated 21.04.2025 whereby the appeal was dismissed as being beyond limitation.
3. The neat contention of learned counsel for the petitioner is that no opportunity of hearing was granted prior to passing the
order. It is further argued that in the notice, same dates were assigned for submission of the reply as well as for hearing.
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 21.08.2024 & 21.04.2025 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 :- 26.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench