BharatTaxGST

Niranjan Mitra Thru. Power Of Attorney Sudip Chatterjee vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Comm. Tax Lko And 3 Others

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WTAX/917/2025HC AllahabadGSTCNR UPHC02071258202519 September 2025Bench: PANKAJ BHATIA2 pages

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 917 of 2025

Court No. - 6 HON'BLE PANKAJ BHATIA, J.

1.

Supplementary affidavit filed today in Court is taken on record.

2.

Heard learned counsel for the petitioner and Shri Sanjay Sarin, learned Standing Counsel for the State.

3.

Present petition has been filed challenging the order dated 29.04.2024 passed under Section 73 of the GST Act as well as the order dated 07.08.2025 whereby the appeal was dismissed as being beyond limitation.

4.

Contention of learned counsel for the petitioner is that no opportunity of hearing was granted while passing the order under Section 73. He states that show cause notice was uploaded on the 'additional tab', as such, the same could not be noticed.

5.

Learned Standing Counsel is not in a position to dispute the said fact.

6.

It is argued that the said issue was dealt with by this Court vide judgment dated 22.07.2024 passed in Writ Tax No.855 of 2024 (Ola Fleet Technologies Private Limited v. State of UP and 2 Ors.).

7.

On the said sole ground, following the judgment in the case of Ola Fleet Technologies Private Limited (supra), present petition is allowed.

8.

Orders dated 29.04.2024 & 07.08.2025 are quashed. Versus Counsel for Petitioner(s) : Anurag Singh, Akanksha Gupta, Yogesh Singh Counsel for Respondent(s) : C.S.C. Niranjan Mitra Thru. Power Of Attorney Sudip Chatterjee .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Comm. Tax Lko And 3 Others .....Respondent(s)

9.

Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. September 19, 2025 nishant WTAX No. 917 of 2025 2 (Pankaj Bhatia,J.) NISHANT MOHAN 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.