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2025 DAILYLAW 156739 (ALL)

M/S JAMWANTI FILING STATION THRU. AUTHORIZED SIGNATORY VIMAL KUMAR PATHAK v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. U.P. AND 3 OTHERS

WTAX/764/2025 · 2025-08-08

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46292 Court No. - 6 Case :- WRIT TAX No. - 764 of 2025 Petitioner :- M/S Jamwanti Filing Station Thru. Authorized Signatory Vimal Kumar Pathak Respondent :- State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. U.P. And 3 Others Counsel for Petitioner :- Aayush Pankaj Tiwari,Durga Prasad Dubey,Hritik Dwivedi,Peeyush Pankaj Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard Shri Aayush Pankaj Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present petition has been filed challenging the order dated 20.08.2024 passed under Section 73 of the GST Act as well as the order dated 23.07.2025 whereby the appeal was dismissed as being beyond limitation. 3. Contention of learned counsel for the petitioner is that no opportunity of hearing was accorded to the petitioner while passing the order under Section 73 of GST Act. 4. Learned Standing Counsel, based upon instructions, states that in the show-cause notice, 'NA' was mentioned for date of personal hearing and in the reminder, same date was provided for filing the reply as well as for personal hearing. 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 20.08.2024 & 23.07.2025 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 :- 8.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench