Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 159256 (ALL)

MEERAAS TRADING THRU. PROPRIETOR MR. SYED MOHD. AMIR v. ADDITIONAL COMMISSIONER,GRADE II,APPEAL,STATE TAX,JUDICIAL DIVISION V,LUCKNOW AND ANOTHER

WTAX/813/2025 · 2025-08-22

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:49423 Court No. - 6 Case :- WRIT TAX No. - 813 of 2025 Petitioner :- Meeraas Trading Thru. Proprietor Mr. Syed Mohd. Amir Respondent :- Additional Commissioner,Grade Ii,Appeal,State Tax,Judicial Division V,Lucknow And Another Counsel for Petitioner :- Shujat Kidwai,Mohammad Asad Mahmood 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 22.07.2021 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. The contention of the Counsel for the petitioner is that no opportunity of hearing was granted while passing the order under Section 74 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 22.07.2021 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