M/S GANPATI CONSTRUCTION AND ENGINEERING THRU. PROPRIETOR ABHISHEK SINGH v. STATE OF U.P. THRU. PRIN. SECY. INSTITUTIONAL FINANCE AND 2 OTHERS
WTAX/647/2025 · 2025-07-22
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152477 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152477 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41727 Court No. - 7 Case :- WRIT TAX No. - 647 of 2025 Petitioner :- M/S Ganpati Construction And Engineering Thru. Proprietor Abhishek Singh Respondent :- State Of U.P. Thru. Prin. Secy. Institutional Finance And 2 Others Counsel for Petitioner :- Kripa Shankar Shukla Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard Shri Satish Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the order dated 27.02.2025 passed under Section 73 of the GST Act as well as the order dated 05.07.2025 whereby the appeal was dismissed as being beyond limitation.
3. Submission of learned counsel for the petitioner is that no opportunity of hearing was granted.
4. Learned Standing Counsel does not controvert the said contention.
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 27.02.2025 & 05.07.2025 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 :- 22.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench