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2025 DAILYLAW 167498 (ALL)

M/S NOVA HOMA CARE THRU. PROPRIETOR SHRI SANJEEV JAISWAL v. ADDITIONAL COMMISSIONER,GRADE-2, APPEAL-IV, STATE TAX, LKO. U.P. AND ANOTHER

WTAX/1065/2025 · 2025-09-26

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1065 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 26.8.2024 passed under Section 73 of the GST Act as well as the order dated 8.9.2025 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 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 26.8.2024 & 8.9.2025 are quashed. 8. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. September 26, 2025 J. K. Dinkar Versus Counsel for Petitioner(s) : Vikas Singh, Raja Babu Gupta Counsel for Respondent(s) : C.S.C. (Pankaj Bhatia,J.) M/S Nova Homa Care Thru. Proprietor Shri Sanjeev Jaiswal .....Petitioner(s) Additional Commissioner,Grade-2, Appeal-Iv, State Tax, Lko. U.P. And Another .....Respondent(s) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench