Judgment HubGST judgments

M/S P.S.Handicrafts And Moti Center v. State of U.P. and Another

Court
Allahabad High Court
Case
WRIT TAX No. 127 of 2023
Decision
2023-02-07
Coram
Hon'ble Rajesh Bindal,Chief Justice; Hon'ble Om Prakash Tripathi,J.
Provisions
GST statutory provision - Section 73(1)
Outcome
Disposed

Case note by CA Nikhil Gupta

Professional-use disclaimer: This case note is an educational aid. Verify the official citation, operative order and subsequent history before professional reliance.
Source control: Full text recovered from the issuing court's official judgment system. A faithful local PDF rendition is provided because the court system may serve the judgment as structured text rather than an original PDF. Official source record.

Case overview

This Allahabad High Court decision concerns GST statutory provision - Section 73(1). The retained release ledger records the outcome as Disposed and classifies the matter under Demand & Adjudication.

Facts and procedural background

HIGH COURT OF JUDICATURE AT ALLAHABAD

1.       The only grievance raised by learned counsel for the petitioner is

that in the notice dated January 7, 2023 issued to the petitioner under

Section 73(1) of the Uttar Pradesh Goods and Services Tax Act, 2017,

Issues before the Court

Whether the order is speaking : Yes/No

Whether the order is reportable : Yes/No

Court's analysis and findings

3.       After hearing learned counsel for the parties, the present petition is

disposed of with the observation that in case the petitioner files reply to

Chief Justice's Court Serial No.19

WRIT TAX No. - 127 of 2023

Decision and relief

Whether the order is speaking : Yes/No

Whether the order is reportable : Yes/No

2 WTAX No. 127 of 2023

2023-02-07T16:41:24+0530 High Court of Judicature at Allahabad

Ratio and practical significance

The binding effect flows from the court's operative reasoning reproduced below, read in the context of the pleaded facts and statutory provisions. Users should not generalise the result beyond materially comparable facts.

Full judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD

1.       The only grievance raised by learned counsel for the petitioner is

that in the notice dated January 7, 2023 issued to the petitioner under

Section 73(1) of the Uttar Pradesh Goods and Services Tax Act, 2017,

the petitioner has not been informed of her right of personal hearing. The

column in the notice mentioning the date, time and venue for personal

hearing has been marked as 'NA'. In the absence of personal hearing,

action of the respondents will be in violation of principles of natural

2.       Learned counsel for the respondents submitted that after the

petitioner files her reply, in case she requests, personal hearing shall be

granted to her by fixing specific date and time for the purpose.

3.       After hearing learned counsel for the parties, the present petition is

disposed of with the observation that in case the petitioner files reply to

Chief Justice's Court Serial No.19

WRIT TAX No. - 127 of 2023

Through :- Mr. Pranjal Shukla, Advocate

Through :- Mr. Ankur Agarwal, Standing Counsel for the respondents

CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE OM PRAKASH TRIPATHI, JUDGE

M/s P.S.Handicrafts and Moti Center .....Petitioner

State of U.P. and another .....Respondents

the show cause notice within two weeks from today, the Competent

Authority shall afford opportunity of personal hearing to the petitioner

before passing any final order against her.

Whether the order is speaking : Yes/No

Whether the order is reportable : Yes/No

2 WTAX No. 127 of 2023

2023-02-07T16:41:24+0530 High Court of Judicature at Allahabad

Finin2min Q&A

What court decided this case?

Allahabad High Court

What was the case number?

WRIT TAX No. 127 of 2023

When was the decision delivered?

2023-02-07

Which GST provisions are identified in the case?

GST statutory provision - Section 73(1)

What was the recorded outcome?

Disposed

Is the complete judgment text available here?

Yes. This page includes a faithful local rendition of the full text recovered from the issuing court source.

Should this page substitute professional advice?

No. Verify the official citation and later history before professional reliance.

Who authored the Finin2min case note?

CA Nikhil Gupta.

Download judgment

Download the sanitized local judgment PDF