M/S.Karthick Constructions v. The Assistant Commissioner (St)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2026 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.2495, 2496 and 2498 of 2026 M/s.Karthick Constructions, Rep by its Partner, Muthuappan Chokkaiyagounder ... Petitioner Vs.

The Assistant Commissioner (ST), Office of the Assistant Commissioner, Alagapuram Assessment Circle, Salem - I.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings passed by the Respondent in the impugned order vide GSTIN:33AAGFK6885R1ZF/2021-22 dated 06.12.2025 along with the consequential proceedings under Section 73 in Form GST DRC - 07 vide Ref.No.ZD331225100694R dated 06.12.2025 for the FY 2021-22, to quash the same and further direct the Respondent to defreeze the bank account of the Petitioner vide GSTIN:33AAGFK6885R1ZF issued by the Respondent. 1/6

For Petitioner : M/s.R.Hemalatha For Respondent : Mrs.P.Selvi Government Advocate

ORDER

Mrs.P.Selvi, learned Government Advocate takes notice for the Respondent.

2. This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent.

3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 06.12.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 05.09.2025 wherein the Petitioner was called upon to appear for personal hearing. However, the Petitioner had not taken advantage of the same and thus, suffered the impugned Order dated 06.12.2025.

4. The Petitioner was also issued with Reminders on 07.11.2025, 17.11.2025 and 02.12.2025, which called upon the Petitioner to file a reply and to appear for a personal hearing. The Petitioner however neither filed 2/6

any reply nor appeared for the personal hearing fixed on 12.11.2025, 21.11.2025 and 05.12.2025. Thus, the impugned Order has been passed.

5. It is noticed that the limitation for filing an appeal under Section 107 of the respective GST enactments, 2017 against the impugned Order has already expired. The present Writ Petition has been filed only on 12.01.2026.

6. At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 10% of the disputed tax as a condition for denovo adjudication.

7. Under similar circumstances, Orders have been quashed and cases have been remitted back to the Respondent to pass a fresh order on terms subject to such Assessee depositing 10% to 100% of the disputed tax depending upon the length of delay in approaching the Court. I do not find any reason to take a different view in this case.

8. Therefore, to balance the interest of both parties viz., the Assessee and the Revenue, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 10% of the 3/6

disputed tax in cash or from the Petitioner's Electronic Cash Register within a period of thirty (30) days from the date of receipt of a copy of this order.

9. Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 05.09.2025 together with requisite documents to substantiate the case by treating the impugned Order dated 06.12.2025 as an addendum to the Show Cause Notice dated 05.09.2025.

10. In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner shall also stand automatically vacated.

11. It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 10% of the disputed tax as ordered above and the Petitioner not being in arrears of any other amount for any other tax period barring the amount demanded under the impugned Order. 4/6

12. In case the Petitioner fails to comply with any of the stipulations, the Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today.

13. Needless to state, before passing any such order, the Respondent shall give due notice to the Petitioner.

14. This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed. 23.01.2026 jas To:

The Assistant Commissioner (ST), Office of the Assistant Commissioner, Alagapuram Assessment Circle, Salem - I.

5/6

C.SARAVANAN, J.

jas and W.M.P.Nos.2495, 2496 and 2498 of 2026 23.01.2026 6/6