Anand Kumar Agarwal vs. State Of U.P. Thru. Prin. Secy. Institutional Finance Lko. And 3 Others

WTAX/1669/2025HC AllahabadGSTCNR UPHC02101082202519 December 2025Bench: MANISH KUMAR1 pages
AI SummaryRemanded

Held

The Court held that the show-cause notice was flawed as it mentioned the same date for personal hearing and filing of reply. Following a previous judgment on a similar issue, the Court quashed the impugned orders.

Facts

The petitioner challenged an order passed under Section 73 of the GST Act and a subsequent appellate order dismissing their appeal. The primary contention was the lack of a proper opportunity for a personal hearing.

Key Issues

Whether a proper opportunity of hearing was granted to the petitioner before passing the order under Section 73 of the GST Act.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1669 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 28.08.2024 passed under Section 73 of the GST Act as well as the order dated 19.09.2025 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

7.

Orders dated 28.08.2024 & 19.09.2025 are quashed.

8.

Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of h

The judgment continues below.

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Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.