Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 144536 (ALL)

M/S SHRI SHYAM FOODS,RAKABGANJ LUCKNOW THROU. ITS PROPRIETOR PIYUSH KUMAR AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. TAX AND REGISTRATION LKO AND 3 OTHERS

WTAX/566/2025 · 2025-05-30

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:34090 Court No. - 6 Case :- WRIT TAX No. - 566 of 2025 Petitioner :- M/S Shri Shyam Foods,Rakabganj Lucknow Throu. Its Proprietor Piyush Kumar Agarwal Respondent :- State Of U.P. Thru. Prin. Secy. Tax And Registration Lko And 3 Others Counsel for Petitioner :- Anand Dubey,Utkarsh Misra 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 30.08.2024 passed under Section 73 of the GST Act as well as the order dated 20.03.2025 whereby the appeal was dismissed as being beyond limitation. 3. The neat contention of learned counsel for the petitioner is no opportunity of hearing was granted, the notice itself indicates NA in Column fixing the date of hearing, thus finding the order under Section 74 to be violative of Section 75(4) of the GST Act. 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 30.08.2024 and 20.03.2025 are quashed. 7. Matter is remanded to the assessing authority to pass fresh order in accordance with law after giving an opportunity of hearing to the petitioner. Order Date :- 30.5.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench