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GENERAL TRADING COMPANY vs. STATE OF U.P. AND OTHERS
(Allahabad High Court)

Hon'ble Judges:

AJAY BHANOT, J.
Pet. Counsel
Shubham Agrawal
Res. Counsel
C.s.c.

Petitioner / Applicant

GENERAL TRADING COMPANY

Respondent STATE OF U.P. AND OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Apr 28, 2025
Order No.

Writ Tax No. - 1710 of 2025

Citation

2025(4) TAXREPLY 13148

Original Order
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ORDER

ORDER HON'BLE AJAY BHANOT, J. 1. One Prabha Devi was the proprietor of a proprietorship firm run under the name and style of M/S General Trading Company. The entity was registered under the GST Act. The said Prabha Devi died on 16.03.2019. Proceedings under the GST Act were taken out against the said proprietorship firm on 26.09.2023 for 2017-18, on 22.12.2023 for 2018-19 and on 14.05.2024 for 2019-20. Admittedly the said proceedings were taken out against a dead person since Prabha Devi (since deceased) was the proprietor and was exclusively incharge for the day to day functioning and the transactions of the proprietorship firm. 2. The business had shut down after the death of said Prabha Devi. 3. By the impugned order the tax liability of the said proprietorship firm has been imposed upon the petitioner. The petitioner is the son and legal heir of the said Prabha Devi (since deceased). The petitioner was not noticed by the revenue at any point in time regarding....

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