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Allahabad High Court · body

2025 DAILYLAW 183427 (ALL)

M/S VASTUM INDIA LIMITED THRU. DIRECTOR MUKESH SINGH v. ADDITIONAL COMMISSIONER,GRADE II,APPEAL STATE TAX,JUDICIAL DIVISION III,LUCKNOW,UP AND ANOTHER

/1345/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1345 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 order dated 28.04.2024 passed under Section 73 of the GST Act as well as the order dated 27.10.2025 whereby the appeal was dismissed. 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, same date was mentioned for personal hearing and 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 28.04.2024 & 27.10.2025 are quashed. 8. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. November 20, 2025 Ashish Versus Counsel for Petitioner(s) : Vikas Singh, Raja Babu Gupta Counsel for Respondent(s) : C.S.C. (Manish Kumar,J.) M/S Vastum India Limited Thru. Director Mukesh Singh .....Petitioner(s) Additional Commissioner,Grade Ii,Appeal State Tax,Judicial Division Iii,Lucknow,Up And Another .....Respondent(s) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench