S.S.Traders Thru. Proprietor Mohd.Naushad Ali vs. Addl. Commissioner Grade-Ii (Appeal) State Tax Judicial Division-Iv Lko. And Another

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WTAX/782/2025HC AllahabadGSTCNR UPHC02062150202518 August 2025Bench: PANKAJ BHATIA1 pages
For Petitioner: Shujat Kidwai

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Neutral Citation No. - 2025:AHC-LKO:47981

Court No. - 6 Case :- WRIT TAX No. - 782 of 2025 Petitioner :- S.S.Traders Thru. Proprietor Mohd.Naushad Ali Respondent :- Addl. Commissioner Grade-Ii (Appeal) State Tax Judicial Division-Iv Lko. And Another Counsel for Petitioner :- Shujat Kidwai Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.

1.

Heard Mohammad Salman, learned counsel holding brief of Shri Shujat Kidwai, learned counsel for the petitioner and learned Standing Counsel for the State.

2.

Present petition has been filed challenging the order dated 05.12.2023 passed under Section 73 of the GST Act as well as the order dated 05.08.2025 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, prior date was mentioned for 7. Orders dated 05.12.2023 & 05.08.2025 are quashed.

8.

Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. Order Date :- 18.8.2025 nishant 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.