M/S. Palaniandavar Fishing Net v. The Deputy State Tax Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.10.2024
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & W.M.P.Nos.33738 & 33739 of 2024 M/s.Palaniandavar Fishing Net, Rep by its Proprietor-Palanisamy Manojkumar, 36/31, Town Panchayat Complex, Bhavanisagar PO, Sathyamangalam, Erode, Tamil Nadu 638 451 ... Petitioner Vs.
The Deputy State Tax Officer, Office of the Deputy Commercial Tax Officer, Sathyamangalam, Erode, Tamil Nadu ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records on the file of the respondent in its impugned proceedings for the assessment year 1/6
2019-20 in GSTIN: 33EZLPP6794Q1Z3 /2019-20 dated 10.05.2024 and the consequential DRC-07 order bearing Ref.No.ZD3305240710391 dated 10.05.2024 and quash the same.
For Petitioner : Ms.R.Hemalatha For Respondent : Mr.C.Harsha Raj, Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned order dated 10.05.2024 passed by the respondent.
2. Mr.C.Harsha Raj, learned Additional Government Pleader, takes notice on behalf of the respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.
3. The learned counsel for the petitioner would submit that all notices/communications were uploaded by the respondent under the column, viz., "View Additional Notices and Orders", in the GST portal. Since the petitioner was not aware of the said notices, they failed to file 2/6
their reply within the time. Under these circumstances, the impugned order came to be passed by the respondent without providing any opportunity of personal hearing to the petitioner. Hence, this petition has been filed.
4. On the other hand, the learned Additional Government Pleader appearing for the respondent would submit that the respondent has uploaded the notices in the GST Online Portal. But the petitioner failed to avail the said opportunity. Further, he has fairly admitted that no opportunity of personal hearing was provided to the petitioner prior to the passing of impugned order. Therefore, he requested this Court to remit the matter back to the respondent, subject to the payment of 10% of the disputed amount by the petitioner.
5. Heard the learned counsel for the petitioner and the learned Additional Governemnt Pleader for the respondent and also perused the materials available on record.
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6. In the case on hand, it is clear that no opportunity of personal hearing was provided to the petitioner prior to the passing of impugned order. Hence, this Court is of the view that the impugned order was passed in violation of principles of natural justice since it is just and necessary to provide an opportunity to the petitioner to establish their case on merits. In such view of the matter, this Court is inclined to set aside the impugned order dated 10.05.2024 passed by the respondent. Accordingly, this Court passes the following order:- (i) The impugned order dated 10.05.2024 is set aside and the matter is remanded to the respondent for fresh consideration on condition that the petitioner shall pay 10% of disputed tax amount to the respondent within a period of four weeks from today (18.10.2024) and the setting aside of the impugned order will take effect from the date of payment of the said amount. (ii) The petitioner shall file their reply/objection along with the required documents, if any, within a period of three weeks from the date of receipt of copy of this order.
(iii) On filing of such reply/objection by the petitioner, the respondent shall consider the same and 4/6
issue a 14 days clear notice, by fixing the date of personal hearing, to the petitioner and thereafter, pass appropriate orders on merits and in accordance with law, after hearing the petitioner, as expeditiously as possible.
7. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.
18.10.2024 Speaking/Non-speaking order Index : Yes / No nsa To The Deputy State Tax Officer, Office of the Deputy Commercial Tax Officer, Sathyamangalam, Erode, Tamil Nadu 5/6
KRISHNAN RAMASAMY.J., nsa & W.M.P.Nos.33738 & 33739 of 2024 18.10.2024 (2/2) 6/6