M/S Bhagwan Dass Anshul Kumar Thru. Proprietor Kanchan Agarwal vs. State Of U.P. Thru. Prin. Secy. Tax And Registration And 3 Others
Held
The Court held that an opportunity of personal hearing must be granted before passing any adverse order in adjudication proceedings. Denying this opportunity is contrary to procedural law and established judicial precedent.
Facts
The petitioner challenged an order passed under Section 73 of the GST Act and a subsequent appeal dismissal order. The primary contention was that no opportunity of hearing was granted before passing the order under Section 73, and the dates for personal hearing and filing a reply were the same.
Key Issues
Whether the order passed under Section 73 of the GST Act is sustainable without providing an opportunity of personal hearing to the assessee. Whether the practice of fixing the date of personal hearing on the same day as the reply submission is permissible.
Sections Cited
Section 73, Section 75(4)
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1551 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J.
Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
Present petition has been filed challenging the order dated 28.12.2023 passed under Section 73 of the U.P. Goods and Services Tax Act, 2017 (for short, 'the GST Act') as well as the order dated 21.11.2025 whereby
the appeal was dismissed as being beyond limitation.
Contention of learned counsel for the petitioner is that no opportunity of hearing was granted while passing the order under Section 73 of the GST Act. It has also been contended that date of personal hearing and the date of filing reply are same.
It has also pointed out that in absence of any opportunity the order impugned cannot be sustained and this issue was dealt by the Division Bench of this Court passed in Writ Tax No.303 of 2024 [Mahaveer Trading Company vs. Deputy Commissioner, State Tax and Anr; 2024:AHC:38820-DB].
Learned Additional Chief Standing Counsel, on the basis of the instructions, states that the date of personal hearing and the date of filing reply are same
The judgment continues below.
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