Madras High CourtWP/19807/2026disposed of

Vgp Stores v. Deputy State Tax Officer 1

2026-06-09Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.21132 & 21133 of 2026 VGP Stores Rep by its proprietor Thangaraj Raju, No 99 Salem Coddalore Main Road, Vaithiyagoundaputhur Post Salem Tamilnadu -636 115 ..Petitioner(s) Vs Deputy State Tax Officer 1 Attur Rural Assessment Circle No.32-21,Gandhi Nagar Near Railway station Attur-636102 ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the Order dated 16.11.2025 bearing Reference No. ZD331125278533G issued by the Respondent for the tax period 2021-22 and quash the same. For Petitioner(s):

M/s.Raghunandan Sriram For Respondent(s):

Ms.Amirta Poonkodi Dinakaran, Government Counsel (Tax) *********

ORDER

An order dated 16.11.2025 is assailed on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand on merits.

2. Ms.Amirta Poonkodi Dinakaran, learned Government Counsel (Tax), accepts notice on behalf of the respondent.

3. On perusal of the impugned order, it is evident that such order was issued without hearing the petitioner. The writ petition has been filed shortly after the period of limitation expired.

4. On instructions, learned counsel for the petitioner agrees to remit 25% of the disputed tax demand as a condition for remand. An endorsement to that effect has been made on the bundle.

5. Subject to the condition that the petitioner remits 25% of the disputed tax demand within thirty days from the date of receipt of a copy of this order, the impugned order is set aside and the matter is remanded for re-consideration. After providing a reasonable opportunity to the petitioner, a fresh order shall be issued within three months from the date of remittance of 25% of the disputed tax demand.

6. The writ petition is disposed of on the above terms. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

09-06-2026 Index: Yes/No Speaking/Non-speaking order RNA To Deputy State Tax Officer 1 Attur Rural Assessment Circle No.32-21,Gandhi Nagar Near Railway station Attur-636102

SENTHILKUMAR RAMAMOORTHY, J.

RNA and W.M.P.Nos.21132 & 21133 of 2026 09-06-2026