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GST Orders Lacking ‘Application of Mind’ Violate Article 14: Allahabad HC Sets Aside Ex-Parte Order

Case Law Details

Case Name
Mishra Agencies Vs State of U.P. (Allahabad High Court)
Date of Judgement/Order
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Mishra Agencies Vs State of U.P. (Allahabad High Court) The Allahabad High Court allowed a writ petition challenging a GST recovery order dated 25.04.2024 passed under Section 73 of the GST Act, 2017, and the subsequent appellate order dated 18.02.2025 which dismissed the appeal as time-barred. The petitioner contended that the recovery order was passed without granting any opportunity of hearing, rendering it ex parte and violative of principles of natural justice. It was argued that although the appellate authority lacked statutory power to condone delay, the foundational order itself was un...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 17,295

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