M/S AGHORESHWAR TRADERS THRU. PROPRIETOR RAJESH KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. INSTITUTIONAL FINANCE AND 2 OTHERS
WTAX/811/2025 · 2025-08-22
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158740 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158740 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49438 Court No. - 6 Case :- WRIT TAX No. - 811 of 2025 Petitioner :- M/S Aghoreshwar Traders Thru. Proprietor Rajesh Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Institutional Finance And 2 Others Counsel for Petitioner :- Satish Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel.
2. The present petition has been filed challenging an order dated 16.02.2025 passed under Section 73 of the GST Act as well as the order dated 08.08.2025 whereby, the appeal was dismissed as being beyond limitation.
3. Neat contention of the Counsel for the petitioner is that no opportunity of hearing was granted while passing the order under Section 73 of the GST Act.
4. Learned Standing Counsel based upon the instructions states that in the reminder notice, no date for hearing was fixed.
5. Finding the order to be violative of Section 75(4) of the GST Act and the issue being covered by the judgment in the case of Mahaveer Trading Company vs Deputy Commissioner State Tax and another: Writ Tax No.303 of 2024, decided on 04.03.2024, the impugned order dated 16.02.2025 and the impugned order dated 08.08.2025 are quashed. The writ petition is allowed.
6. The matter is remanded back to the Assessing Authority to pass fresh order, in accordance with law, after providing adequate opportunity of hearing. Order Date :- 22.8.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench