S.S.TRADERS THRU. PROP. MOHD. NAUSHAD ALI v. ADDITIONAL COMMISSIONER GRADE II APPEAL STATE TAX JUDICIAL DIVISION IV LUCKNOW AND ANOTHER
WTAX/786/2025 · 2025-08-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158239 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158239 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47982
Court No. - 6 Case :- WRIT TAX No. - 786 of 2025 Petitioner :- S.S.Traders Thru. Prop. Mohd. Naushad Ali Respondent :- Additional Commissioner Grade Ii Appeal State Tax Judicial Division Iv Lucknow And Another Counsel for Petitioner :- Shujat Kidwai Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard Mohammad Salman, learned counsel holding brief of Shri Shujat Kidwai, learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the order dated 08.04.2024 passed under Section 73 of the GST Act as well as the order dated 05.08.2025 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 while passing the order under Section 73.
4. Learned Standing Counsel, based upon instructions, states that in the show-cause notice, prior date was mentioned for personal hearing than the date of filing of the reply.
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 08.04.2024 & 05.08.2025 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 :- 18.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench