M/S NANPARA SCRAP TRADERS THRU.SOLE PROPRIETOR MOHD.FARUK KHAN v. STATE OF U.P. THRU. PRIN. SECY. STATE TAX LKO. AND 3 OTHERS
WTAX/1630/2025 · 2025-12-17
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178342 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178342 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1630 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the orders dated 29.06.2022 passed under Section 74 of the GST Act as well as the order dated 24.09.2025 whereby the appeal was dismissed as being beyond limitation.
3. Contention of learned counsel for the petitioner is that no hearing was accorded prior to passing of the order under Section 74 of GST Act which is contrary to the mandate of Section 75(4) of GST Act.
4. The said argument is not disputed by learned Standing Counsel, based upon instructions.
5. On the said sole ground, present petition is allowed.
6. Orders dated 29.06.2022 & 24.09.2025 are quashed.
7. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. December 17, 2025 Nitesh Versus Counsel for Petitioner(s) : Somesh Tripathi, Anuj Dubey Counsel for Respondent(s) : C.S.C. (Manish Kumar,J.) M/S Nanpara Scrap Traders Thru.Sole Proprietor Mohd.Faruk Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. State Tax Lko. And 3 Others .....Respondent(s) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench