M/S AARTI VERMA THRU. PROPRIETOR AYESHA ANSARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 2 OTHERS
WTAX/849/2025 · 2025-08-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160906 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 849 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 25.04.2024 passed under Section 73 of the GST Act as well as the order dated 18.08.2025 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, same date was mentioned for filing reply as well as 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. Versus Counsel for Petitioner(s) : Anit Vishal Srivastav, Ramesh Chandra Srivastava Counsel for Respondent(s) : C.S.C. M/S Aarti Verma Thru. Proprietor Ayesha Ansari .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 2 Others .....Respondent(s)
7. Orders dated 25.04.2025 & 18.08.2025 are quashed.
8. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. August 29, 2025 VNP/- WTAX No. 849 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench