M/S SHIV TRADERS NEHRU NAGAR BAHRAULI LKO. GSTIN 09ASBPG0550E1ZA THRU. PRO. MANOJ GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 3 OTHERS
WTAX/944/2025 · 2025-09-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164731 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 944 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 12.08.2024 passed under Section 73 of the GST Act as well as the order dated 26.08.2025 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, prior date was mentioned for personal hearing than the date of 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 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 12.08.2024 & 26.08.2025 are quashed. Versus Counsel for Petitioner(s) : Aayush Pankaj Tiwari, Durga Prasad Dubey, Hritik Dwivedi, Peeyush Pankaj Counsel for Respondent(s) : C.S.C. M/S Shiv Traders Nehru Nagar Bahrauli Lko. Gstin 09asbpg0550e1za Thru. Pro. Manoj Gupta .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 3 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 17, 2025 nishant WTAX No. 944 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench