M/S MARUTI MAHILA SWAWLAMBI SANSTHAN THRU. AUTHORISED SIGNATORY AVDESH KUMAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX REGISTRATION GOVT. LKO. AND 2 OTHERS
WTAX/1077/2025 · 2025-09-26
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168009 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168009 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1077 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 6.2.2023 passed under Section 74 of the GST Act as well as the order dated 22.9.2025 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 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 6.2.2023 & 22.9.2025 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) : Anit Vishal Srivastav, Ramesh Chandra Srivastava Counsel for Respondent(s) : C.S.C. (Pankaj Bhatia,J.) M/S Maruti Mahila Swawlambi Sansthan Thru. Authorised Signatory Avdesh Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Tax Registration Govt. Lko. And 2 Others .....Respondent(s) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench