M/S JAGDISH ENTERPRISES THRU. PROPRIETOR, MR. RAMESH BHADHUR SINGH v. STATE OF U.P. THRU. PRIN. SECY. (STATE TAX ) LKO. AND 3 OTHERS
WTAX/880/2025 · 2025-09-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162216 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 880 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 24.08.2024 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, 'NA' was mentioned in front of tab of date 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 judgement dated 04.03.2024.
6. Learned Standing Counsel further states that in the reply submitted by the petitioner, no request was made for grant of hearing.
7. It is argued that the said issue was also dealt with in the case of Bharat Mint and Allied Chemicals v. Commissioner Commercial Tax & Ors.;
2022 (4) ADJ 75.
8. On the said sole ground, following the said two judgments in the cases Versus Counsel for Petitioner(s) : Ashish Chaturvedi Counsel for Respondent(s) : C.S.C. M/S Jagdish Enterprises Thru. Proprietor, Mr. Ramesh Bhadhur Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (State Tax ) Lko. And 3 Others .....Respondent(s)
of Mahaveer Trading Company (supra) and Bharat Mint and Allied Chemicals (supra), present petition is allowed.
9. Orders dated 24.08.2024 & 18.08.2025 are quashed.
10. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. September 3, 2025 nishant WTAX No. 880 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench