M/S Cheenu Amma Aalloy Private Limited v. The Assistant Commissioner (St)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2026

CORAM

THE HONOURABLE MR JUSTICE C. SARAVANAN W.P.No.6867 of 2026 and W.M.P.Nos.7468 & 7470 of 2026 M/s.Cheenu Amma Aalloy Private Limited, Rep. by its Director P.Moorthy Sf.No.367, Appanaickenpatty Pudur, Sulur, Coimbatore - 641 402.

Petitioner Vs The Assistant Commissioner (ST), Office of the Assistant Commissioner, Peelamedu (North) Circle, Coimbatore - 18.

Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records on the files of the impugned proceedings of the Respondent in GSTIN: 33AADCC7429F1ZV / 2020-21 dated 26.02.2025 along with consequential order in Form GST DRC-07 bearing a Ref.No: ZD3302252799427 dated 26.02.2025 for the tax period 2020-21 to quash the same.

For Petitioner:

For Respondent:

Mr.K.Vignesh Kumar Mr.C.Harsharaj, Special Government Pleader.

ORDER

Mr.C.Harsharaj, learned Special Government Pleader 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 Special Government Pleader for the Respondent.

3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 26.02.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 18.11.2024 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 26.02.2025.

4. 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 18.02.2026.

5. At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 25% of the disputed tax as a condition for denovo adjudication.

6. The learned counsel for the Petitioner has also made an endorsement to that effect in the Court bundle.

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 25% 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 25% of the 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 18.11.2024 together with requisite documents to substantiate the case by treating the impugned Order dated 26.02.2025 as an addendum to the Show Cause Notice dated 18.11.2024.

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 if any, shall also stand automatically vacated.

11. It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 25% 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.

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. 02.03.2026 kmm Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Assistant Commissioner (ST), Office of the Assistant Commissioner, Peelamedu (North) Circle, Coimbatore - 18.

C.SARAVANAN J.

kmm W.P.No.6867 of 2026 and W.M.P.Nos.7468 & 7470 of 2026 02.03.2026