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2025 DAILYLAW 167266 (ALL)

M/S KAPOOR TRADERS THRu. PROPRIETOR SHRI RAJESH KAPOOR AND ANOTHER v. STATE OF U.P. THRU. COMMISSIONER STATE TAX LKO. AND 2 OTHERS

WTAX/1014/2025 · 2025-09-24

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1014 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 20.04.2023 passed under Section 74 of the GST Act as well as the order dated 18.09.2025 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, '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 20.04.2023 & 18.09.2025 are quashed. Versus Counsel for Petitioner(s) : Rishabh Kapoor, Kapil Kandpal Counsel for Respondent(s) : C.S.C. M/S Kapoor Traders Thru. Proprietor Shri Rajesh Kapoor And Another .....Petitioner(s) State Of U.P. Thru. Commissioner State Tax 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 24, 2025 nishant WTAX No. 1014 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench