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2025 DAILYLAW 151672 (ALL)

M/S RAHIL ENTERPRISES THRU. PROPRIETOR SAJID HUSAIN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 2 OTHERS

WTAX/626/2025 · 2025-07-16

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40468 Court No. - 7 Case :- WRIT TAX No. - 626 of 2025 Petitioner :- M/S Rahil Enterprises Thru. Proprietor Sajid Husain 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 22.12.2023 passed under Section 73 of the GST Act as well as the order dated 07.04.2025 whereby the appeal was dismissed as being beyond limitation. 3. Contention of learned counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the order under Section 73 of the GST Act. 4. Learned Standing Counsel confirms that the date mentioned for hearing was prior in point of time than the date of filing of the reply. 5. On the said sole ground and following the judgment in Writ Tax No.303 of 2024 (Mahaveer Trading Company vs. Deputy Commissioner, State Tax and Anr.) vide judgment dated 04.03.2024., present petition is allowed. 6. Orders dated 22.12.2023 & 07.04.2025 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 :- 16.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench