RAJESH KUMAR CHAURASIA, PROPRIETOR M/S SHIVAM TRADERS v. STATE OF U.P. AND ANOTHER
WTAX/5423/2025 · 2025-10-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201066 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201066 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 5423 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard learned counsel for the petitioner and Sri Dhananjay Awasthi, learned counsel for the respondents and perused the record. 2. The present writ petition has been filed challenging the show cause notice dated 06.09.2023 passed under Section 73 of the U.P.G.S.T. Act passed by respondent no.2 creating a demand of tax of Rs. 3,36,220/- for the FY 2017-
18. 3. Submissions have been advanced as have already been considered in large number of similar petitions. Primarily, we have considered and dealt with the same in Writ Tax No. 3964 of 2025 (M/s Riya Construction vs State of U.P. & 3 Ors, Neutral Citation No. - 2025:AHC:179271-DB, dated 09.10.2025.In addition, it has been submitted that the impugned order raises a demand of tax far in excess of the amount proposed in the show cause notice. Also the impugned order has been passed much subsequent to the date fixed in the proceedings. 4. Facts being similar, writ petition is allowed and the impugned order is set aside, subject to the petitioner depositing Rs. 33,000/- towards the disputed amount (including the amount that may have already been deposited) within a period of one month from today, with the following directions: (i) Subject to the above deposit being made by the petitioner, the Adjudicating Authority shall make available to the petitioner copy of the Versus Counsel for Petitioner(s) : Rishi Raj Kapoor Counsel for Respondent(s) : C.S.C. Rajesh Kumar Chaurasia, Proprietor M/S Shivam Traders .....Petitioner(s) State of U.P. and Another .....Respondent(s)
show cause notice together with any additional/supplementary notice etc issued in these proceedings together with copies of Relied Upon Documents ('RUDs' in short) within a period of two weeks from the date of compliance shown by the petitioner. (ii) Petitioner shall file reply, if any, within a further period of four weeks therefrom. (iii) Thereupon the respondent No.2 shall fix appropriate date for hearing and communicate the same to the petitioner in the manner prescribed by law with at least two weeks' advance notice. (iv) Petitioner undertakes to cooperate and participate in the proceedings and not seek any undue or long adjournment. 5.
It is expected that the proceedings thus remitted would be concluded within six months from the date the petitioner makes first compliance under this order and deposits the amount specified above. 6. The amount so deposited by the petitioner shall remain subject to the final outcome of the adjudication proceedings. October 15, 2025 Pratima WTAX No. 5423 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad