M/S SAHU BATTERY HOUSE THRU. PROPRIETOR RAJESH KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. TAX AND REG. LKO AND 2 OTHERS
/1475/2025 · 2025-12-09
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186301 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186301 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1475 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard Shri Utkarsh Misra, learned counsel for the petitioner and Shri Sanjay Sarin, learned Standing Counsel for the State. 2. Challenge has been raised to the adjudication order dated 04.04.2025 passed under Section 74(9) of the U.P. G.S.T Act, 2017 for the tax period April, 2023-July, 2023. 3. It has been submitted, the essential requirements of rules of natural justice have been violated inasmuch as the petitioner was not given reasonable opportunity of personal hearing. The date fixed for personal hearing was the same as the date fixed for filing of reply. In that regard reliance has been placed on Writ Tax No.303 of 2024, Mahaveer Trading Company Vs. Deputy Commissioner State Tax and Another. 4. The above facts are not in dispute. Therefore, no useful purpose may be served either in keeping the present petition or calling for a counter affidavit or relegating the petitioner to the forum of appeal. The rules of natural justice are far too well established to allow any exception to be made in that regard. Unless, the petitioner had been put to notice with respect to the demand proposed to be created by the adjudication order and unless he had been given adequate opportunity to present his case, the order that may arise may remain procedurally defective. 5. Accordingly, the writ petition stands disposed of with the following directions:- (i) The order dated 04.04.2025 is set aside. (ii) The petitioner may treat the impugned order as the final notice. (iii) It may submit its further reply thereto within a period of three weeks. In Versus Counsel for Petitioner(s) : Utkarsh Misra, Abhishek Counsel for Respondent(s) : C.S.C. M/S Sahu Battery House Thru. Proprietor Rajesh Kumar Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Tax And Reg. Lko And 2 Others .....Respondent(s)
that regard, it may remain open to the petitioner to raise all jurisdictional and merit issues. Subject to such compliance made, the adjudicating authority may fix a date for personal hearing with at least 15 days notice to allow the petitioner to be prepared on all counts. The petitioner undertakes to appear before the adjudicating authority on the dates that may be fixed. Accordingly, appropriate reasoned order may be passed thereafter.
December 9, 2025 Satish WTAX No. 1475 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench