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Allahabad High Court

M/S VK CONSTRUCTIONSversusSTATE OF UP AND ANOTHER

Decided

Holding

The petition is disposed with the direction that the petitioner may file the statutory appeal within two weeks from the date of this order, and the appeal will be entertained on its merits without any limitation objection.

Summary

M/S Vk Constructions filed a writ petition challenging an order dated 16‑08‑2023 issued under Section 73 of the Uttar Pradesh GST Act, 2017 for FY 2022‑23, alleging it could not file the statutory appeal within the prescribed limitation due to lack of knowledge of the order. The State contended that the petitioner had a statutory remedy of appeal and raised a preliminary objection on limitation. The Court noted a similar concession granted in Writ Tax No. 2889 of 2026, where the State allowed a two‑week window to file the appeal. Accordingly, the Court disposed of the petition, directing the petitioner to file the appeal within two weeks from the date of the order and stating that the appeal would be heard on its merits without any limitation objection. The Court also directed that any amount already deposited could be adjusted against the required 10% pre‑deposit of the disputed tax, penalty, etc.

Issues considered

  • Whether the petitioner can be permitted to file a statutory appeal beyond the limitation period due to lack of knowledge of the order.
  • Whether the High Court can condone the limitation period based on a concession made in a similar writ petition.

Legislation cited

Subjects

  • GST
  • Section 73
  • limitation
  • appeal
  • pre‑deposit
  • writ petition
  • High Court
  • Uttar Pradesh

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                          WRIT TAX No. - 3731 of 2026

                                    M/S Vk Constructions
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Rishi Raj Kapoor
                                    Counsel for Respondent(s)                      :   C.S.C.

                                    Court No. - 39
                                                 HON'BLE SAUMITRA DAYAL SINGH, J.
                                                 HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Heard Shri Rishi Raj Kapoor, learned counsel for the petitioner and Shri
                                    Arvind Mishra, learned counsel for the revenue.
                                    2. Present writ petition has been filed to challenge the order dated
                                    16.08.2023 passed by respondent no. 2 under Section 73 of the UP GST Act,
                                    2017 (hereinafter referred to as the 'Act') for Financial Year 2022-2023.
                                    3. At the outset, preliminary objection has been raised by learned Additional
                                    Chief Standing Counsel that the petitioner has statutory remedy of appeal.
                                    4. On the other hand, learned counsel for the petitioner states that owing to
                                    lack of knowledge of the order dated 16.08.2023, the petitioner could not
                                    avail its statutory remedy of appeal, within limitation. At present the
                                    petitioner is disabled from filing appeal as the maximum period for which
                                    delay may be condoned, has expired.
                                    5. By a separate order passed today in Writ Tax No. 2889 of 2026, in similar
                                    circumstances, on a fair confession made by the State, to allow statutory
                                    appeals to be filed within a period of two weeks from today, that writ
                                    petition has been disposed of.
                                    6. In view of similar concession made in the present facts, no further
                                    adjudication is required in the facts of this case. The writ petition is
                                    disposed of with the observation, subject to the petitioner availing statutory
                                    remedy of appeal within a period of two weeks from today, the said appeal
                                    may be entertained on its own merits without raising any objection as to
                                    limitation, keeping in mind the stand of the State, noticed above.
                                    7. Any amount that may have been deposited against the disputed demand
                                    may be adjusted against the requirement to make pre deposit of 10% of the
                                    disputed demand of tax, penalty etc.
                                    September 11,
                                    2026
                                    Bhanu         (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)




Digitally signed by :-
BHANU PRATAP KUSHWAHA
High Court of Judicature at Allahabad


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