M/S SHREEM ENTERPRISES THRU. PROPRITER MANOJ MISHRA v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND 2 OTHERS
WTAX/611/2025 · 2025-07-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150913 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39608
Court No. - 7 Case :- WRIT TAX No. - 611 of 2025 Petitioner :- M/S Shreem Enterprises Thru. Propriter Manoj Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Lko. And 2 Others Counsel for Petitioner :- Ravindra Gupta Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard Shri Pranjal Shukla, learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the order dated 11.02.2025 passed under Section 73 of the GST Act as well as the order dated 24.06.2025 whereby the appeal was dismissed as being beyond limitation.
3. Neat contention of learned counsel for the petitioner is that no opportunity of hearing was granted.
4. Learned Standing Counsel, based upon instructions, states that in the first notice served upon the petitioner, dates were fixed, however, in the reminder notice, same dates were fixed for filing of the reply as well as for hearing.
5. 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.
6. On the said sole ground, following the judgment in the case of Mahaveer Trading Company (supra), present petition is allowed.
7. Orders dated 11.02.2025 & 24.06.2025 are quashed.
8. 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