Pradeepa Enterprises v. The Deputy Commercial Tax Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.10.2024
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & W.M.P.Nos.34069, 34071 & 34073 of 2024 Pradeepa Enterprises, Rep by its Proprietrix Mr.M.Chitra, 10/28, Tirumalai Street, Venkateswara Nagar, Chennai 600 053.
... Petitioner Vs.
1.The Deputy Commercial Tax Officer, Tirumullaivoyal:Avadi:Tiruvallur, Room No.115, 1st Floor, Integrated Commercial Taxes Offices Building, No.32, Elephant Gate Bridge Road, Vepery, Chennai 600 003.
2.The Assistant Commissioner (ST)(FAC), Thirumullaivoyal Assessment Circle, Integrated Commercial Taxes Offices Building, No.32, Elephant Gate Bridge Road, Vepery, Chennai 600 003.
3.The Branch Manager, Central Bank of India, AC-10, Second Main Road, Anna Nagar, Chennai 600 040.
... Respondents 1/7
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in Ref.No.ZD330424163821K/2018-19 dated 22.04.2024 on the file of the 1st respondent and quash the same as contrary to law, consequently, direct the 2nd respondent to de-freeze the bank current A/C.No.3540295510 bearing in GSTIN: 33ALOPC8951F1Z1 dated 17.08.2024 of the petitioner-Registered Taxable person For Petitioner : Mr.S.Ramanan For Respondent : Mr.T.N.C.Kaushik, Additional Government Pleader, for R1 and R2
ORDER
This writ petition has been filed challenging the impugned order dated 22.04.2024 passed by the respondent.
2. Mr.T.N.C.Kaushik, learned Additional Government Pleader, takes notice on behalf of the respondents 1 and 2. By consent of the parties, the main writ petition is taken up for disposal at the admission 2/7
stage itself.
3. The learned counsel for the petitioner would submit that all notices/communications were uploaded by the respondent in the GST portal. Since the accountant of the petitioner was unwell, the petitioner was not aware of the said notices, due to which, they failed to file 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.
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5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent and also perused the materials available on record.
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 22.04.2024 passed by the 1st respondent. Accordingly, this Court passes the following order:- (i) The impugned order dated 22.04.2024 is set aside and the matter is remanded to the 1st 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 (24.10.2024) 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 4/7
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 1st respondent shall consider the same and 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.
(iv) Considering the fact that the impugned orders itself have been set aside, this Court is of the opinion that the attachment made on the bank account of the petitioner cannot survive any longer and hence, it is lifted. As a sequel, the 3rd respondent is directed to release the attachment and de-freeze the bank account of the petitioner, immediately upon the production of proof with regard to the payment of 10% of the demand amount by the petitioner as stated above.
7. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.
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Speaking/Non-speaking order Index : Yes / No nsa To 1.The Deputy Commercial Tax Officer, Tirumullaivoyal:Avadi:Tiruvallur, Room No.115, 1st Floor, Integrated Commercial Taxes Offices Building, No.32, Elephant Gate Bridge Road, Vepery, Chennai 600 003.
2.The Assistant Commissioner (ST)(FAC), Thirumullaivoyal Assessment Circle, Integrated Commercial Taxes Offices Building, No.32, Elephant Gate Bridge Road, Vepery, Chennai 600 003.
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KRISHNAN RAMASAMY.J., nsa & W.M.P.Nos.34069, 34071 & 34073 of 2024 24.10.2024 (1/2) 7/7