Madras High Court/33960/2025disposed of

Tvl Sree Subramanya Transport v. Deputy State Tax Officer-Ii

2025-09-11Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.38103 and 38104 of 2025 Tvl.Sree Subramanya Transport, Rep. by its Proprietorix Mrs.K.Maheswari, No.334, Easwaran Nagar, 3rd Main Road, 25th Cross Street, Pambadukulam, Red hills, Chennai 52.

.. Petitioner Vs.

Deputy State Tax Officer-II, Avadi Assessment Circle, Survey No.1275/3, Integrated Commercial Taxes Building (Tiruvallur Division), 1st Floor, Room No.122, Elephant Gate Bridge Road, Vepery, Chennai 600 003.

.. 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 of impugned order dated 03.08.2024 in Form GST DRC-07 bearing Reference No.ZD3308240227876 along with its annexure of the Respondent passed in petitioner's GSTIN registration

No.33AXLPM4843R1ZQ for the financial year 2019-20 and quash the same.

For Petitioner : Mr.R.Anish Kumar For Respondent : Mr.T.N.C.Kaushik Additional Government Pleader

ORDER

By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. The present writ petition is filed challenging the impugned order dated 03.08.2024 relating to the assessment year 2019-20.

3. It is submitted by the learned counsel for the petitioner that the petitioner is engaged in the business of transport and is registered under the Goods and Services Tax Act, 2017. During the relevant period of 2019-20, petitioner filed its returns and paid the appropriate taxes. However, on verification of the returns it was inter-alia found that there was Excess Claim of Input Tax Credit.

4. Pursuant thereto, a notice in DRC-01 was issued to the petitioner on 27.05.2024 with personal hearing on 30.05.2024, followed by a reminder notice dated 27.07.2024. However, the petitioner had not responded to any of the above notices, the impugned order dated 03.08.2024 was thus passed confirming the proposal. It is submitted by the learned counsel for the petitioner that neither the show cause notices nor the impugned order of assessment has been served on the petitioner by tender or sending it by RPAD, instead it had been uploaded in the GST Portal, thereby, petitioner was unaware of the initiated proceedings and was thus unable to participate in the adjudication proceedings. It is further submitted by the learned counsel for the petitioner that if the petitioner is provided with an opportunity, they would be able to explain the alleged discrepancies.

5. The learned counsel for the petitioner would place reliance upon the recent judgment of this Court in the case of M/s.K.Balakrishnan, Balu Cables vs. O/o. the Assistant Commissioner of GST & Central Excise in W.P.(MD)No.11924 of 2024 dated 10.06.2024, to submit that this court has remanded the matter back in similar circumstances subject

to payment of 25% of the disputed taxes.

6. It was further submitted that the petitioner is ready and willing to pay 25% of the disputed tax and that they may be granted one final opportunity before the adjudicating authority to put forth their objections to the proposal, to which the learned Additional Government Pleader appearing for the respondent does not have any serious objection.

7. By consent of both parties, the writ petition stands disposed of on the following terms:

a) The impugned order dated 03.08.2024 is set aside. b) The petitioner shall deposit 25% of the disputed taxes as agreed to by both the learned counsel for the petitioner and the respondent, within a period of four weeks from the date of uploading of web copy without waiting for the receipt of the certified copy. c) If any amount has been recovered or paid out of the disputed taxes, including by way of pre-deposit in appeal, the same would be reduced/adjusted, from/towards the 25% of disputed taxes directed to be paid. The assessing authority shall then intimate the balance amount out

of 25 % of disputed taxes to be paid, if any, within a period of one week from the date of uploading of web copy without waiting for the receipt of the certified copy. The petitioner shall deposit such remaining sum within a period of three weeks from such intimation. d) Failure to comply with the above condition viz., payment of 25% of disputed taxes within the stipulated period i.e., four weeks from the date of uploading of web copy of this order, shall result in restoration of the impugned order.

e) If there is any recovery by way of attachment of Bank account or garnishee proceedings, the same shall be lifted /withdrawn on complying with the above condition viz., payment of 25 % of the disputed taxes. f) On complying with the above condition, the impugned order of assessment shall be treated as show cause notice and the petitioner shall submit its objections within a period of four (4) weeks from the date of compliance of the conditions relating to deposit in Clause (b) and (c) supra, along with supporting documents/material. If any such objections are filed, the same shall be considered by the respondent and orders shall be passed in accordance with law after affording a reasonable opportunity of hearing to the petitioner. It is made clear that if the above conditions

viz., payment of 25% of disputed taxes is not complied or objections are not filed within the stipulated time as stated above the impugned order of assessment shall stand restored.

8. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

11.09.2025 Speaking (or) Non Speaking Order Index:Yes/No spp To:

MOHAMMED SHAFFIQ, J.

spp 11.09.2025