M/S A CONSTRUCTIONS THRU. PROPRIETOR RAM KRISHNA TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. (DEPTT. OF STATE TAX) LKO. AND 2 OTHERS
WTAX/753/2025 · 2025-08-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156683 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156683 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46381 Court No. - 6 Case :- WRIT TAX No. - 753 of 2025 Petitioner :- M/S A Constructions Thru. Proprietor Ram Krishna Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. (Deptt. Of State Tax) Lko. And 2 Others Counsel for Petitioner :- Anurag Mishra 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 20.07.2022 passed under Section 74 of the GST Act as well as the order dated 24.07.2025 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 two separate dates be fixed for filing of the reply and for 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 20.07.2022 & 24.07.2025 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