BharatTaxGST

M/S Ashirwad Constructions Thru. Partner Harish Gambhir vs. State Of U.P. Thru. Addl. Chief Secy. Secy. Tax And Registration Lko. And 2 Others

Original PDF →
WTAX/798/2025HC AllahabadGSTCNR UPHC02062778202525 August 2025Bench: PANKAJ BHATIA2 pages

No AI summary yet for this judgment.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT TAX No. - 798 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 learned Standing Counsel for the State.

3.

Present petition has been filed challenging the order dated 05.02.2025 passed under Section 73 of the GST Act as well as the order dated 29.07.2025 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.

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.).

6.

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

7.

Orders dated 05.02.2025 & 29.07.2025 are quashed.

8.

Matter is remanded to the assessing authority to pass fresh order after Versus Counsel for Petitioner(s) : Anit Vishal Srivastav, Ramesh Chandra Srivastava Counsel for Respondent(s) : C.S.C. M/S Ashirwad Constructions Thru. Partner Harish Gambhir .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Secy. Tax And Registration Lko. And 2 Others .....Respondent(s)

giving an opportunity of hearing to the petitioner. August 25, 2025 nishant WTAX No. 798 of 2025 2 (Pankaj Bhatia,J.) NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench 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.