M/S Kanhaiya Traders Thru Proprietor Kanhaiya Lal Gupta vs. State Of U.P. Thru. Prin. Secy. Tax Lko. And 3 Others

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WTAX/882/2025HC AllahabadGSTCNR UPHC02068804202509 September 2025Bench: PANKAJ BHATIA2 pages

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. HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 882 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 25.02.2025 passed under Section 73 of the GST Act as well as the order dated 02.08.2025 whereby the appeal was dismissed as being beyond limitation.

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, 'NA' was mentioned in front of tab for date of personal : Utkarsh Misra, Abhishek Counsel for Respondent(s) : C.S.C. M/S Kanhaiya Traders Thru Proprietor Kanhaiya Lal Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Tax Lko. And 3 Others .....Respondent(s)

7.

Orders dated 25.02.2025 & 02.08.2025 are quashed.

8.

Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. September 9, 2025 nishant WTAX No. 882 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.