← Library
Madras High CourtWP/11478/2026disposed of

M/S.Vinayaga Enterprises, v. The State Tax Officer (Adjudication / Legal)

2026-03-24Honourable Mr Justice C. Saravanan7 pages

1/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HONOURABLE MR JUSTICE C. SARAVANAN and WMP Nos.12511 & 12512 of 2026 M/s.Vinayaga Enterprises, Represented by its Proprietor Mr. J Raja, No.4/570, Karavalimathapur Village, Mettu Thottam, Karavalmathapur, Sulur, Samalapuram, Tiruppur Tamilnadu- 641 668 Petitioner(s) Vs The State Tax Officer (Adjudication / Legal) office of the deputy commercial Tax Officer, Tirupur Intelligence division, No.5/147, AEPC Building, Kaikattipudur, Tiruppur Main Road, Avinashi, Tamilnadu-641 654 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, call for the records of the Respondent herein in its Impugned order in GSTIN 33CJDPR1879Q2ZE/2025-2026 dated 22.01.2026, along with the Consequential order in Form DRC-07 bearing Reference No.ZD330126145170Z dated 22.01.2026 for the period 2025-26, and quash the same.

2/7 For Petitioner(s):

Mrs.R. Hemalatha For Respondent:

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 22.01.2026, which was preceded by a Show Cause Notice in GST DRC-01 dated 10.12.2025 wherein the Petitioner was called upon to file a reply and to appear for a personal hearing. However, the Petitioner did not take advantage of the same and has thus suffered the impugned Order dated 22.01.2026.

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

3/7 expired long before. However, the present Writ Petition has been filed only on 17.03.2026.

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 and he has also made an endorsement to that effect in the Court bundle which has been extracted hereunder:- "The petitioner is willing to pay 10%"

6. Recording the above consent given by the Petitioner, 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.

7. Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 10.12.2025 together with requisite documents to substantiate the case by treating the impugned Order dated 22.01.2026 as an addendum to the Show Cause Notice dated 10.12.2025.

4/7

8. 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.

9. 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.

10. 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.

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

5/7

12. This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed. 24-03-2026 (1/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

6/7 To The State Tax Officer (Adjudication / Legal) office of the deputy commercial Tax Officer, Tirupur Intelligence division, No.5/147, AEPC Building, Kaikattipudur, Tiruppur Main Road, Avinashi, Tamilnadu-641 654

7/7 C.SARAVANAN J.

ssr 24-03-2026 (1/2)