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2025 DAILYLAW 156623 (ALL)

M/S SARVAJANIK SHIKSHONNAYAN SANSTHAN THRU.FOUNDER SUSHEEL CHANDRA TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. (DEPTT. OF STATE TAX) LKO. AND 3 OTHERS

WTAX/754/2025 · 2025-08-08

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46372 Court No. - 6 Case :- WRIT TAX No. - 754 of 2025 Petitioner :- M/S Sarvajanik Shikshonnayan Sansthan Thru.Founder Susheel Chandra Trivedi Respondent :- State Of U.P. Thru. Prin. Secy. (Deptt. Of State Tax) Lko. And 3 Others Counsel for Petitioner :- Anurag Mishra Counsel for Respondent :- C.S.C.,Vinay Shankar Hon'ble Pankaj Bhatia,J. 1. Heard Sri Pranjal Shukla, learned counsel for the petitioner; learned Standing Counsel for the State and Shri Vinay Shanker, learned counsel for respondent no.4. 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 28.06.2025 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 date of reply has to prior to date of personal 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 11.02.2025 & 28.06.2025 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 :- 8.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench