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2025 DAILYLAW 160594 (ALL)

M/S SAKET TRADERS THRU. LEGAL REPRESENTATIVE SHARUKH v. STATE OF U.P. THRU. PRIN. SECY. INSTITUTIONAL FINANCE U.P. LKO. AND 2 OTHERS

WTAX/839/2025 · 2025-08-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 839 of 2025 Court No. - 6 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 14.02.2025 passed under Section 73 of the GST Act as well as the order dated 24.07.2025 whereby the appeal was dismissed as being beyond limitation. 3. Contention of learned counsel for the petitioner is that no opportunity of hearing was 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 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 14.02.2025 & 24.07.2025 are quashed. Versus Counsel for Petitioner(s) : Satish Kumar Pandey Counsel for Respondent(s) : C.S.C. M/S Saket Traders Thru. Legal Representative Sharukh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Institutional Finance U.P. Lko. And 2 Others .....Respondent(s) 8. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. August 28, 2025 nishant WTAX No. 839 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench