M/S Pharma Care v. The State Tax Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.38401 and 38402 of 2025 M/s.Pharma Care Represented by its Proprietor, Mr.Rohit Nahar No.5/6/7, Sankeswara Vatika, Clemens Road, Purasawalkam, Chennai-600 007.
...Petitioner(s)
vs.
The State Tax Officer, Choolai Assessment Circle, No.10, Greams Road, II Floor, Palaniappa Maaligai, Chennai-600 006.
...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records pertaining to the impugned order dated 28.03.2024 in Reference No.ZD3303241947738 passed by the respondent herein against the petitioner's firm vide GSTIN-GSTIn33AADPN8814G1ZS for the assessment year 2018-19 and quash the same. For Petitioner(s) : Mr.K.M.Malarmannan For Respondent(s) : Mrs.R.Vasanthamala Government Advocate
ORDER
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By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed challenging the impugned order dated 28.03.2024 relating to the assessment year 2018-19.
3. It is submitted by the learned counsel for the petitioner that the petitioner is engaged in the business of trading in allopathy medicines and is registered under the Goods and Services Tax Act, 2017. During the relevant period 2018-19, petitioner filed their returns and paid the appropriate taxes. However, on verification of the returns the following discrepancies were interalia noticed: i) Under declaration of Output tax and ii) Excess claim of Input Tax Credit.
4. Pursuant thereto, show cause notice in DRC-01 was issued on 26.12.2023, followed by two reminder notices dated 08.01.2024 and 01.02.2024. However, the petitioner had not responded to any of the above notices, the impugned order was thus passed confirming the proposal. It is submitted by the learned counsel for petitioner that petitioner's registration was cancelled and that 2/6
there was no access to the GST Portal, thereby, petitioner was unaware of the initiated proceedings and was thus unable to participate in the adjudication proceedings. It is submitted by the learned counsel for petitioner that if 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 Government Advocate appearing for the respondent does not have any serious objection.
7. By consent of both parties, the writ petition stands disposed of on the 3/6
following terms:
a) The impugned order dated 28.03.2024 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. 4/6
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.
12.09.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
The State Tax Officer, Choolai Assessment Circle,No.10, Greams Road, II Floor, Palaniappa Maaligai,Chennai-600 006.
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MOHAMMED SHAFFIQ, J.
mka 12.09.2025 6/6