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SRIRAM TRADERS THRU. PROP. AJAY KUMAR GUPTA AND ANOTHER vs. STATE OF U.P. & OTHERS
(Allahabad High Court)

Hon'ble Judges:

PANKAJ BHATIA
Pet. Counsel
Savitra Vardhan Singh
Res. Counsel
C.s.c.

Petitioner / Applicant

SRIRAM TRADERS THRU. PROP. AJAY KUMAR GUPTA AND ANOTHER

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

Uttar Pradesh

Date Apr 11, 2025
Order No.

WRIT TAX No. - 327 of 2025

Citation

2025(4) TAXREPLY 13000

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ORDER

ORDER 1. Heard the counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed challenging an order dated 20.01.2023 whereby an amount of Rs.50,000/- has been imposed under section 125 of the GST Act. 3. Submission of the counsel for the petitioner is that penalty of Rs.50,000/- has been imposed under section 125 GST Act without even giving an opportunity of hearing. He argues that in terms of Section 125 also, a maximum penalty imposable is Rs.25000/- and the order is mechanical in imposing the penalty, which is also contrary to the mandate of Section 125 of the GST. 4. Considering the fact that no opportunity of hearing has been granted or is reflected in the said order, the order dated 20.01.2023 is quashed. The matter is remanded to the authority concerned to pass a fresh order after giving an opportunity of hearing in accordance with law. 5. The writ petition stands allowed with the said observations. ....

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