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2025 DAILYLAW 158827 (ALL)

M/S ARSHAD TRADERS THR.PROPEITOR MOHD.ARSHAD GSTIN 09AZIPA9444M1ZV v. STATE OF U.P. THRU. PRIN. SECY. TAX REGISTRATION LKO AND 3 OTHERS

WTAX/805/2025 · 2025-08-21

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48934 Court No. - 6 Case :- WRIT TAX No. - 805 of 2025 Petitioner :- M/S Arshad Traders Thr.Propeitor Mohd.Arshad Gstin 09azipa9444m1zv Respondent :- State Of U.P. Thru. Prin. Secy. Tax Registration Lko And 3 Others Counsel for Petitioner :- Anand Dubey,Utkarsh Misra 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 18.04.2024 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, 'NA' was mentioned for the date of 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 18.04.2024 & 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 :- 21.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench