A Premalatha v. The Assistant Commissioner (St)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 25.03.2026
CORAM
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)Nos.6522 and 6523 of 2026 A.Premalatha ... Petitioner Vs.
1. The Assistant Commissioner (ST), Office of the Assistant Commissioner (ST), Tuticorin -I Assessment Circle, CT Buildings, No.282, North Beach Road, Thoothukudi District.
2. The State Tax Officer, Tuticorin I Assessment circle, CT Buildings, No. 282 North Beach Road, Thoothukudi District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records connected with the impugned order passed by the respondent No.2 in GSTIN 33BXAPP9839G2Z5 dated 16.12.2025 and quash the same as
illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the nature and circumstances of the case and thus render justice.
For Petitioner :Mr.A.V.Saha For Respondents :Mr.R.Suresh Kumar Additional Government Pleader
ORDER
This writ petition is filed challenging the impugned order dated 16.12.2025. The said order is an ex-parte assessment carried under Section 73 of TNGST Act, 2017 for the assessment year 2021-2022. 2.The case of the petitioner is that he is engaged in the business of Pulses, Spices and Salt. The goods are entirely exempted from tax. However, on the ground that the petitioner failed to upload the documents in proof for exemption, the impugned order was passed. It is pleaded that due to the personal and business circumstances, the petitioner missed out the opportunity to reply to the show cause notice and upload the documents.
3.In view thereof, the ex-parte has been passed in case of this nature, this Court has been granting an opportunity to the petitioners to once again appear before the authority and place on record the documents in support of their claim. Though normally 25% is ordered to be deposited, in this case, since the petitioner is well within the time of limitation to file an appeal ie., the impugned order dated 16.12.2025 and further since it is the case of the petitioner he is only the business of selling Pulses, Spices and Salt and the same is exempted from tax, I am not imposing the said condition while remanding the matter back to the respondent authority in view of special and peculiar circumstances. 4.In view thereof, this Writ Petition is ordered on the following terms:
(i)The impugned order dated 16.12.2025 is set aside and the matter is remanded back to the file of the respondent for reconsideration.
(ii)The petitioner shall appear before the respondent authority without fail and produce such documents in support of his claim for exemption and thereupon the same shall be considered in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.
(iii)It is made clear that the petitioner should cooperate for the expeditious determination of the assessment proceedings. The authority shall act upon the web copy of this order without waiting for the certified copy of the order.
25.03.2026 NCC:Yes/No rgm
To
1. The Assistant Commissioner (ST), Office of the Assistant Commissioner (ST), Tuticorin -I Assessment Circle, CT Buildings, No.282, North Beach Road, Thoothukudi District.
2. The State Tax Officer, Tuticorin I Assessment circle, CT Buildings, No. 282 North Beach Road, Thoothukudi District.
D.BHARATHA CHAKRAVARTHY, J.
rgm and W.M.P(MD)Nos.6522 and 6523 of 2026 25.03.2026