Velmurugan Cottons v. The Commercial Tax Officer/ The State Tax Officer (Fac)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2025 CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.52969 and 52971 of 2025 Velmurugan Cottons, Represented by its Proprietorship, K.Saritha.
... Petitioner Vs.
The Commercial Tax Officer / The State Tax Officer (FAC), Sankari Assessment Circle, Office of the Assistant Commissioner (State Taxes), 1st Floor, Tiruchengode Road, RDO Office Complex, Sankari - 637 301.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the respondent demand order made in Reference No.ZD330725217743D dated 21.07.2025 and quash the same and consequently direct the respondent to given an opportunity of personal hearing.
For Petitioner : Mr.P.Suresh Babu For Respondent : Mr.V.Prashanth Kiran Government Advocate 1/6
ORDER
Mr.V.Prashanth Kiran, learned Government Advocate takes notice for the Respondent.
2. This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent.
3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 21.07.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 29.04.2025 wherein the Petitioner was called upon to appear for personal hearing. However, the Petitioner had not taken advantage of the same and thus, suffered the impugned Order dated 21.07.2025.
4. It is noticed that the limitation for filing an appeal under Section 107 of the respective GST enactments, 2017 against the impugned Order has already expired. The present Writ Petition has been filed only on 27.11.2025. 2/6
5. Under similar circumstances, Orders have been quashed and cases have been remitted back to the Respondent to pass a fresh order on terms subject to such Assessee depositing 10% to 100% of the disputed tax depending upon the length of delay in approaching the Court. I do not find any reason to take a different view in this case.
6. Therefore, to balance the interest of both parties viz., the Assessee and the Revenue, the case is remitted back to the Respondent to pass a fresh order subject to the Petitioner depositing 10% of the disputed tax in cash from the Petitioner's Electronic Cash Register within a period of thirty
(30) days from the date of receipt of a copy of this order.
7. Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 29.04.2025 together with requisite documents to substantiate the case by treating the impugned Order dated 21.07.2025 as an addendum to the Show Cause Notice dated 29.04.2025.
8. In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance 3/6
with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner shall also stand automatically vacated.
9. It is made clear that bank attachment if any, shall be lifted subject to the deposit of 10% of the disputed tax as ordered above and no other amount is in arrears barring the amount demanded under the impugned Order.
10. In case the Petitioner fails to comply with any of the stipulations, the Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today.
11. Needless to state, before passing any such order, the Respondent shall give due notice to the Petitioner.
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12. This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed. 04.12.2025 jas To:
The Commercial Tax Officer / The State Tax Officer (FAC), Sankari Assessment Circle, Office of the Assistant Commissioner (State Taxes), 1st Floor, Tiruchengode Road, RDO Office Complex, Sankari - 637 301.
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C.SARAVANAN, J.
jas and W.M.P.Nos.52969 and 52971 of 2025 04.12.2025 6/6