M/S Xavier Educational Services And Technology PVT. LTD. Thru. Director Sandeep Jaiswal vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Finance U.P. Lko. And 2 Others
Held
The Court held that an opportunity of personal hearing must be granted before passing any adverse order in adjudication proceedings. Since this was not done, the impugned orders were unsustainable.
Facts
The petitioner challenged an order passed under Section 73 of the GST Act and a subsequent appellate order that dismissed their appeal as time-barred. The petitioner argued that no opportunity for a personal hearing was granted before the initial order was passed, and the dates for personal hearing and filing replies 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 appellate order dismissing the appeal as time-barred is valid when the primary issue is the denial of natural justice.
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. - 1508 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 24.04.2024 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 10.10.2025 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 contended that date of personal hearing and the date of filing reply in the notice and the reminders 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 o
The judgment continues below.
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