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M/s V.K. Traders-vs-State of U.P. and Another-2026-juristway.com-2898-HC(Allahabad)-GST
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2026-juristway.com-2898-HC(Allahabad)-GSTM/s V.K. Traders v State of U.P.
✓ Good LawAllowed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-2898-HC(Allahabad)-GST

M/s V.K. Traders

versus

State of U.P. and Another

Court - Bench
In The High Court (HC) - Allahabad
Date of Judgment
12 October 2026
Judges
Hon'ble Mr. Justice Saumitra Dayal Singh, Hon'ble Mrs. Justice Swarupama Chaturvedi
Case Number
Writ Tax No. - 4138 of 2026
Advocate (Petitioner)
Aditya Pandey, Himanshu Mishra
Advocate (Respondent)
C.S.C.
Quick ref
Takeaway

Section 75(7) — Demand Confirmed in Excess of Amount Proposed in SCN — An adjudication order confirming a penalty of Rs. 2,75,112/- when the show cause notice proposed zero penalty is without jurisdiction, as Section 75(7) mandatorily bars the adjudicating authority from confirming any demand in excess of what was proposed in the notice.

Digest & Analysis
Litigation Digest

In M/s V.K. Traders v. State of U.P. and Another, 2026-juristway.com-2898-HC(Allahabad)-GST, the petitioner challenged an adjudication order dated 22.04.2024 passed under Section 73 of the Act for the financial year 2018-19. The show cause notice dated 27.01.2024 proposed a tax demand of Rs. 27,51,120/- and penalty of Rs. 0 (zero). The adjudication order, however, confirmed the tax demand as proposed but additionally imposed a penalty of Rs. 2,75,112/- — an amount never proposed in the notice. The court held that Section 75(7) is mandatory and absolutely forbids the adjudicating authority from confirming any demand in excess of the amount proposed. The order was set aside and the matter was remitted with directions to pass a fresh order after granting due opportunity of hearing, within three months.

Full Text
Judgment & Order
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