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2025 DAILYLAW 152102 (ALL)

M/S YADAV TRADERS THRU.PROPRIETOR KAILASH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. TAX AND REGISTRATION LKO. AND 3 OTHERS

WTAX/635/2025 · 2025-07-18

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41128 Court No. - 7 Case :- WRIT TAX No. - 635 of 2025 Petitioner :- M/S Yadav Traders Thru.Proprietor Kailash Kumar 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 order dated 06.07.2024 passed under Section 74 of the GST Act as well as the order dated 07.01.2025 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. 4. Learned Standing Counsel states that in the notice, date of 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 of 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., present petition is allowed. 6. Orders dated 06.07.2024 & 07.01.2025 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 :- 18.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench