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Madras High CourtWP/7232/2026disposed of

M/S.Amutham Pharmacy v. The Assistant Commissioner (St),Fac

2026-02-26Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE MR JUSTICE C. SARAVANAN and W.M.P.Nos.7820 & 7821 of 2026 M/s.Amutham Pharmacy Represented by its Proprietor S.Sivakumar, 97/1A, Raju Naidu Street, Sivanandha Colony, Coimbatore 641012 ..Petitioner(s) Vs The Assistant Commissioner (ST),FAC Mettupalayam Road Assessment Circle Coimbatore.

..Respondent(s) Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari to call for the records of the Respondent in the Impugned Order in GSTIN 33AYRPS0968G1ZX /2021 -2022 dated 04.11.2025 along with consequential order in form GST DRC-07 bearing a Ref No ZD331125045635L dated 04.11.2025 for the tax April 2021 to March 2022 to quash the same and pass.

For Petitioner(s):

Mr.S.Kannan For Respondent(s):

Mr.TNC Kaushik, Additional Government Pleader

ORDER

Mr.TNC Kaushik, the learned Additional 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 Government Advocate for the Respondent.

3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 04.11.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 11.06.2025 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 04.11.2025.

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, but within the condonable period of limitation. The present Writ Petition has been filed only on 20.02.2026.

5. 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.

6. The learned counsel for the Petitioner has also made the following endorsement to that effect in the Court bundle which has been extracted hereunder:- "We ready to pay 10% of the disputed tax and go back to the proper official"

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% 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 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 11.06.2025 together with requisite documents to substantiate the case by treating the impugned Order dated 04.11.2025 as an addendum to the Show Cause Notice dated 11.06.2025.

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 if any, 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.

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. 26-02-2026 Index: Yes/No Speaking/Non-speaking order BKN To:

The Assistant Commissioner (ST),FAC Mettupalayam Road Assessment Circle Coimbatore.

C.SARAVANAN, J.

BKN 26-02-2026