M/S SHOBHAWATI CONSTRUCTION COMPANY THRU. PROPRIETOR LEGAL NAME AMIT YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. STATE TAX U.P. LKO. AND 2 OTHERS
/905/2025 · 2025-09-12
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163677 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 905 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 04.02.2025 passed under Section 74 of the GST Act as well as the order dated 23.07.2025 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 74.
4. Learned Standing Counsel, based upon instructions, states that in the show-cause notice as well as in the reminder, 'NA' was mentioned in front of tab for 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 04.02.2025 & 23.07.2025 are quashed. Versus Counsel for Petitioner(s) : Mohd. Raziullah, Saksham Mishra, Zartab Qamar Counsel for Respondent(s) : C.S.C. M/S Shobhawati Construction Company Thru. Proprietor Legal Name Amit Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. State Tax 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. September 12, 2025 nishant WTAX No. 905 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench