M/S Shri Sai Infrastructures Authorized Representive Arun Tiwari vs. State Of U.P. Thru. Commissioner State Tax Lko. And 2 Others

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WTAX/1039/2025HC AllahabadGSTCNR UPHC02076682202526 September 2025Bench: PANKAJ BHATIA2 pages

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 1039 of 2025

. Court No. - 6 HON'BLE PANKAJ BHATIA, 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 29.12.2023 passed under Section 73 of the GST Act as well as the order dated 30.08.2024 whereby the appeal was dismissed as being beyond limitation.

3.

Contention of learned counsel for the petitioner is that no date for hearing was fixed or informed to the petitioner. The said notices of hearing was uploaded on the 'additional tab' which could not be noticed.

4.

It is argued that the said issue was dealt with by this Court in Writ Tax No.855 of 2024 (Ola Fleet Technologies Private Limited v. State of UP and 2 Ors.), vide judgment dated 22.07.2024. 5. On the said sole ground, following the judgment in the case of Ola Fleet Technologies Private Limited (supra), present petition is allowed.

6.

Orders dated 29.12.2023 & 30.08.2024 are quashed.

7.

Matter is remanded to the assessing authority to pass fresh order after Versus Counsel for Petitioner(s) : Deepak Kumar Pandey Counsel for Respondent(s) : C.S.C. M/S Shri Sai Infrastructures Authorized Representive Arun Tiwari .....Petitioner(s) State Of U.P. Thru. Commissioner State Tax Lko. And 2 Others .....Respondent(s)

giving an opportunity of hearing to the petitioner. September 26, 2025 akverma WTAX No. 1039 of 2025 2 (Pankaj Bhatia,J.) ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

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.