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Madras High CourtWP/3320/2025disposed of

Tvl Evergreen Automation v. The State Tax Officer

2025-01-31Honourable Mr Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.3689 and 3691 of 2025 Tvl.Evergreen Automation, Rep. by its Proprietor K.Ramesh Kumar, 60, NA, Umayalpuram, Vinayagapuram, Vilankurichi Road, Saravanampatti, Coimbatore-641035.

... Petitioner Vs.

The State Tax Officer, Office of the Commercial Tax Officer, Saravanampatti (East)Circle, Coimbatore 18.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records on the files of the impugned proceedings of the Respondent in GSTIN:33AJEPR8734P1ZI/201819 dated 30.04.2024 along with consequential order in Form GST DRC-07 1/7

bearing a Ref. No:ZD330424244075P dated 30.04.2024 for the tax period 201819 and quash the same. For Petitioner : Mr.Vignesh Kumar For Respondents : Mrs.K.Vasanthamala Government Advocate

ORDER

The present writ petition is filed challenging the impugned order dated 30.04.2024 passed by the respondent relating to the assessment year 2018-19.

2. It is submitted by the learned counsel for the petitioner that the petitioner is a manufacturer of Electrical Control Panels and is registered under the Goods and Services Tax Act, 2017. During the relevant period 2018-19, the petitioner filed its returns and paid the appropriate taxes. However, there was a scrutiny of returns filed by the petitioner, the following discrepancies were noticed:

(i) Mismatch between e-way bill and GSTR-3B (ii) Under declaration of ineligible ITC

3. Pursuant thereto, a show cause notice in Form DRC-01 dated 2/7

28.12.2023 was issued to the petitioner through GST common portal. Further, personal hearing opportunities were also afforded to the petitioner on 10.04.2024, 23.04.2024 and 29.04.2024 respectively. However, the petitioner had neither filed its reply nor availed of opportunity for personal hearing, the impugned order was thus passed confirming the proposal. It is submitted by the learned counsel for the petitioner that if the petitioner is provided with an opportunity, they would be able to explain the alleged discrepancies.

4. The learned counsel for the petitioner would then place reliance upon the recent judgment of this Court in the case of M/s.K.Balakrishnan, Balu Cables vs. O/o. the Assistant Commissioner of GST & Central Excise in W.P.(MD)No.11924 of 2024 dated 10.06.2024, to submit that this court has remanded the matter back in similar circumstances subject to payment of 25% of the disputed taxes.

5. It was further submitted that the petitioner is ready and willing to pay 25% of the disputed tax and that they may be granted one final opportunity before the adjudicating authority to put forth their objections to the proposal, to which the learned Government Advocate appearing for the respondent does not have any serious objection.

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6. By consent of both parties, the writ petition stands disposed of on the following terms:

a) The impugned orders dated 30.04.2024 are set aside. b) The petitioner shall deposit 25% of the disputed taxes as admitted by the learned counsel for the petitioner and the respondent, within a period of four weeks from the date of receipt of a copy of this order. c) If any amount has been recovered or paid out of the disputed taxes, including by way of pre-deposit in appeal, the same would be reduced/adjusted, from/towards the 25% of disputed taxes directed to be paid. The assessing authority shall then intimate the balance amount out of 25 % of disputed taxes to be paid, if any, within a period of one week from the date of receipt of a copy of this order. The petitioner shall deposit such remaining sum within a period of three weeks from such intimation.

d) The entire exercise of verification of payment, if any, intimation of the balance sums, if any, to be paid for compliance with the direction of payment of 25% of the disputed taxes, after deducting the sums already paid and payment by the petitioner of the balance amount, if any, on intimation in compliance with the above direction shall be completed within a period of four weeks from the date of receipt of copy of this order.

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e) Failure to comply with the above condition viz., payment of 25% of disputed taxes within the stipulated period i.e., four weeks from the date of receipt of a copy of this order shall result in restoration of the impugned order. f) If there is any recovery by way of attachment of Bank account or garnishee proceedings, the same shall be lifted /withdrawn on complying with the above condition viz., payment of 25 % of the disputed taxes. g) On complying with the above condition, the impugned order of assessment shall be treated as show cause notice and the petitioner shall submit its objections within a period of four (4) weeks from the date of receipt of a copy of this order along with supporting documents/material.

If any such objections are filed, the same shall be considered by the respondent and orders shall be passed in accordance with law after affording a reasonable opportunity of hearing to the petitioner. It is made clear that if the above conditions viz., 25% of disputed taxes is not complied or objections are not filed within the stipulated period, four weeks respectively from the date of receipt of a copy of this order, the impugned order of assessment shall stand restored.

7. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

31.01.2025 Speaking (or) Non Speaking Order Index : Yes/ No jd To The State Tax Officer, Office of the Commercial Tax Officer, Saravanampatti (East)Circle, Coimbatore 18.

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MOHAMMED SHAFFIQ, J.

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