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2025 DAILYLAW 164666 (ALL)

M/S THE TIMES IDEA THRU. AUTH. SIGNATORY DILIP KUMAR GAUTAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 3 OTHERS

WTAX/948/2025 · 2025-09-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 948 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner and Shri Sanjay Sarin, learned Standing Counsel for the State. 2. Present petition has been filed challenging the order dated 22.12.2023 passed under Section 73 of the GST Act as well as the order dated 30.11.2024 whereby the appeal was dismissed. 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, prior date was mentioned for date of personal hearing than the date for filing of the reply. 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. In fact, the petitioner has opted 'NO' for personal 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. Versus Counsel for Petitioner(s) : Aayush Pankaj Tiwari, Akhilesh Kumar Srivastava, Durga Prasad Dubey, Hritik Dwivedi, Peeyush Pankaj Counsel for Respondent(s) : C.S.C. M/S The Times Idea Thru. Auth. Signatory Dilip Kumar Gautam .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 3 Others .....Respondent(s) 8. On the said sole ground, following the said two judgments in the cases of Mahaveer Trading Company (supra) and Bharat Mint and Allied Chemicals (supra), present petition is allowed. 9. Orders dated 22.12.2023 & 30.11.2024 are quashed. 10. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. September 17, 2025 nishant WTAX No. 948 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench