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Madras High CourtWP/28698/2024disposed of

Kandhasamy Senthilkumar v. The Deputy State Tax Officer

2024-09-27Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY WP.No.28698 of 2024 and W.M.P.Nos. 31292 and 21293 of 2024 Kandhasamy Senthilkumar Proprietor Tvl.Ananda Agencies, No.78, Ananda Complex, Amman Kovil Street, Vellakovil, Tiruppur, Tamil Nadu, Pin-638 111 ....

Petitioner Vs.

The Deputy State Tax officer, (also known as Deputy Commercial Tax Officer), Vellakoil Assessment Circle, Tiruppur-III, Tiruppur, Tamil Nadu.

...

Respondent Prayer:- Writ Petition is filed, under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for the records on the files of the respondent herein in GSTIN:33DYUPS3069G2ZS/2018-2019 dated 24.04.2024 and quash the same.

For Petitioner : Mr.A.N.R.Jayaprathap For Respondent : Mrs.K.Vasanthamala, Government Advocate (Tax)

O R D E R

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The present Writ Petition has been filed to call for the records on the files of the respondent herein in GSTIN:33DYUPS3069G2ZS/2018-2019 dated 24.04.2024 and quash the same.

2. The learned counsel for the petitioner submits that the respondent uploaded summary of show cause notice in DRC-01 dated 28.10.2023 and reminder notice dated 29.02.2024 for the financial year 2018-2019 in GST portal by stating that there is difference of tax liability of ITC between GSTR 3B and GSTR-2A and without affording an opportunity of personal hearing to the petitioner, the impugned order dated 24.04.2024 was uploaded in the portal and that too in "additional notices and orders" and the petitioner was not able to defend the case. Hence, the petitioner has not filed a reply. Therefore, the order passed by the respondent is in violation of principles of natural justice. He further submitted that the petitioner is willing to deposit 10% of the disputed tax amount and hence, the order passed by the respondent may be set aside and remanded the matter back to the respondent for reconsideration.

3. The learned Government Advocate (Tax) appearing for the Respondent would submit that though the notice was uploaded by the respondent in the web portal, the petitioner had failed to appear before the 2/5

respondent for personal hearing. However, he would fairly submit that if any order is passed by this Court, the same will be complied with by the respondent.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (T) for the respondent and perused the materials placed before this Court.

5. In the present case, it appears that the notices have been uploaded in the portal under the "view additional notices and orders" column and the same were not at all physically served to the petitioner, due to which, the petitioner was unaware about the said notice. Hence, the reasons provided by the petitioner for being unaware of the notice, which was uploaded in the web portal, are appears to be genuine.

6. Further, this Court is of the view that no order can be passed without providing sufficient opportunities to the petitioner. However, in the present case, no reply was filed by the petitioner and no opportunity of personal hearing was provided to the petitioner. Hence, the impugned order is liable to be set aside.

7. Accordingly, the impugned order dated 24.04.2024 is set aside and 3/5

remanded the matter back to the respondent on condition that the petitioner shall deposit 10% of the disputed tax demand to the respondent, within a period of four (4) weeks from the date of receipt of a copy of this order and thereafter, the petitioner is directed to file a reply within a period of two (2) weeks. After receipt of the reply, the authorities concerned shall fix a date for personal hearing by sending a physical notice to the petitioner and thereafter, pass orders on merits and in accordance with law.

8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

Index:Yes/No Web:Yes/No Speaking/Non Speaking msv To The Deputy State Tax officer, (also known as Deputy Commercial Tax Officer), Vellakoil Assessment Circle, Tiruppur-III, Tiruppur, Tamil Nadu.

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KRISHNAN RAMASAMY, J.

msv WP.No.28698 of 2024 and W.M.P.Nos.31292 and 31293 of 2024 5/5