M/S CEMENT AND STEEL THRU. PARTNER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. STATE TAX GOVT. LKO AND 2 OTHERS
WTAX/610/2025 · 2025-07-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150868 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150868 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39604 Court No. - 7 Case :- WRIT TAX No. - 610 of 2025 Petitioner :- M/S Cement And Steel Thru. Partner Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. State Tax Govt. Lko And 2 Others Counsel for Petitioner :- Ravindra Gupta 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 15.09.2023 passed under Section 74 of the GST Act as well as the order dated 01.07.2025 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 two separate dates be fixed for filing of the reply and for 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 15.09.2023 & 01.07.2025 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 :- 11.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench