Tvl. Sri Murugan Traders v. The State Tax Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 9/3/2026 CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.9310 of 2026 Tvl.Sri Murugan Traders rep. By its Proprietor Smt.V.Dharani Plot No.76 Indra Nagar, Part - II Nallur Chennai 600 069.
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Petitioner Vs The State Tax Officer Kundrathur Assessment Circle No.4/109, I Floor, Bangalore - Chennai Highway Varadajapuram, Nazarathpet Chennai 600 123.
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Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the respondent connected with impugned order in Reference No.GSTIN/33BNRPD2215F2ZE/2021-22 dated 26/9/2025 and its consequential summary order No.ZD3309253744253 dated 26/9/2025 vide Form GST DRC - 07 and quash the same.
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For Petitioner : Mr.R.Balachandar For Respondent : Mr.TNC.Kaushik Additional Government Pleader - - - - -
ORDER
Mr.TNC Kaushik, 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 Additional Government Pleader for the Respondent.
3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 26/9/2025, which was preceded by a Show Cause Notice in DRC-01 dated 4/7/2025, 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 26/9/2025.
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 26/2/2026. 2/6
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:- "Willing to pay 10% of tax amount."
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 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 DRC-01 dated 4/7/2025 together with requisite documents to substantiate the case by treating the impugned Order dated 26/9/2025 as an addendum to the Show Cause Notice dated 4/7/2025.
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. 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 Petition is closed. 9/3/2026 Index: Yes/No jai To:
The State Tax Officer Kundrathur Assessment Circle No.4/109, I Floor, Bangalore - Chennai Highway Varadajapuram, Nazarathpet Chennai 600 123.
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C.SARAVANAN, J.
jai and W.M.P.No.9310 of 2026 9/3/2026 6/6