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Allahabad High Court · body

2025 DAILYLAW 199674 (ALL)

M/S OM TRANSPORT COMPANY THRU. PROPRIETOR PRAVEEN KUMAR MISHRA v. ADDL. COMMISSIONER GRADE-II (APPEAL) STATE TAX LKO. AND ANOTHER

WTAX/1351/2025 · 2025-11-21

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1351 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 17.10.2025 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 & 17.10.2025 are quashed. 8. Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. November 21, 2025 Nitesh Versus Counsel for Petitioner(s) : Vikas Singh, Raja Babu Gupta Counsel for Respondent(s) : C.S.C. (Manish Kumar,J.) M/S Om Transport Company Thru. Proprietor Praveen Kumar Mishra .....Petitioner(s) Addl. Commissioner Grade-Ii (Appeal) State Tax Lko. And Another .....Respondent(s) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench