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M/S Shri Hari Constructions Thru. Proprietor vs. State Of U.P. Thru. Prin. Secy. Deptt. Of State Tax Lko And 3 Others

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WTAX/724/2025HC AllahabadGSTCNR UPHC02057446202501 August 2025Bench: PANKAJ BHATIA1 pages
For Petitioner: Devanand PandeyFor Respondent: C.S.C., Akash Deep Srivastava, Hon'ble Pankaj Bhatia, J., Heard learned counsel for the petitioner and learned Standing

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Neutral Citation No. - 2025:AHC-LKO:44670 Court No. - 7 Case :- WRIT TAX No. - 724 of 2025 Petitioner :- M/S Shri Hari Constructions Thru. Proprietor Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of State Tax Lko And 3 Others Counsel for Petitioner :- Devanand Pandey Counsel for Respondent :- C.S.C.,Akash Deep Srivastava 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 16.02.2025 passed under Section 73 of the GST Act as well as the order dated 16.07.2025 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 16.02.2025 & 16.07.2025 are quashed.

7.

Matter is remanded to the assessing authority to pass fresh order after giving an opportunity of hearing to the petitioner. Order Date :- 1.8.2025 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.