High Court · 2025

W.P.No.21377 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 18.06.2025CORAMTHE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMYW.P.No.21377 of 2025& W.M.P.Nos.24124 & 24126 of 2025Tvl Sangeeth KnitsRep. by its proprietor Sadasivam, 45, 1st Floor, Padmavathi Puram 1st Street, Gandhi Nagar, Tiruppur, Tamil Nadu 641603.... Petitioner Vs. The State Tax Officer FACOffice of the Commercial Tax officer, Tiruppur (North) -2 Circle, Tiruppur 641 601... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings passed by the Respondent in the order vide GSTIN 33BFHPS9325B1ZI dated 29.08.2024 passed under section 73 of the act along with the consequential proceeding in FORM GST DRC 07 vide ref no. ZD3308242715275 dated 29.08.2024 to quash the same1/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 2025For Petitioner : Ms.R.HemalathaFor Respondent : Mr.V.Prashanth Kiran, GAORDERThis writ petition has been filed challenging the impugned order dated 29.08.2024 passed by the respondent.2. Mr.V.Prashanth Kiran, learned Government Advocate, takes notice on behalf of the respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.3. The learned counsel for the petitioner would submit that in this case, all notices/communications were uploaded by the respondent in the GST common portal. Since the petitioner was not aware of the said notices, 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. Therefore, this petition has been filed. 2/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 20254. Further, he would submit that the petitioner is willing to pay 25% of the disputed tax amount, to the respondent. Hence, he requests this Court to grant an opportunity to the petitioner to present their case before the respondent by setting aside the impugned order. 5. On the other hand, the learned Government Advocate appearing for the respondent would submit that the respondent had 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 25% of the disputed tax amount by the petitioner.6. Heard the learned counsel for the petitioner and and the learned Government Advocate for the respondent and also perused the materials available on record. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 20257. In the case on hand, it is evident that the show cause notice and the subsequent reminders were uploaded on the GST Portal Tab. According to the petitioner, he was not aware of the issuance of the said show cause notice and the reminders issued through the GST Portal and the original of the said show cause notice and the reminders were not furnished to them. In such circumstances, this Court is of the view that the impugned assessment order came to be passed without affording any opportunity of personal hearing to the petitioner, confirming the proposals contained in the show cause notice. 8. No doubt, sending notice by uploading in portal is a sufficient service, but, the Officer who is sending the repeated reminders, inspite of the fact that no response from the petitioner to the show cause notices etc., the Officer should have applied his/her mind and explored the possibility of sending notices by way of other modes prescribed in Section 169 of the GST Act, which are also the valid mode of service under the Act, otherwise it will not be an effective service, rather, it would only fulfilling the empty formalities. Merely passing an ex parte 4/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 2025order by fulfilling the empty formalities will not serve any useful purpose and the same will only pave way for multiplicity of litigations, not only wasting the time of the Officer concerned, but also the precious time of the Appellate Authority/Tribunal and this Court as well. 9. Thus, when there is no response from the tax payer to the notice sent through a particular mode, the Officer who is issuing notices should strictly explore the possibilities of sending notices through some other mode as prescribed in Section 169(1) of the Act, preferably by way of RPAD, which would ultimately achieve the object of the GST Act. Therefore, this Court finds that there is a lack of opportunities being provided to serve the notices/orders etc., effectively to the petitioner.10. Further, it was submitted by the learned counsel for the petitioner that the petitioner is willing to pay 25% of the disputed tax amount to the respondent. In such view of the matter, this Court is inclined to set aside the impugned order dated 29.08.2024 passed by the respondent. Accordingly, this Court passes the following order:- 5/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 2025(i) The impugned order dated 29.08.2024 is set aside and the matter is remanded to the respondent for fresh consideration on condition that the petitioner shall pay 25% of the disputed tax amount to the respondent within a period of four weeks from the date of receipt of a copy of this order. 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 period of three weeks from the date of payment of amount as stated above.(iii) On filing of such reply/objection by the petitioner, the 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 order itself has 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 to be lifted. As a sequel, the respondent is directed to 6/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 2025instruct the concerned bank to release the attachment, and de-freeze the bank account of the petitioner, immediately upon the production of proof with regard to the payment as stated above.11. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.18.06.2025Speaking/Non-speaking orderIndex : Yes / NoNeutral Citation : Yes / NonsaToThe Assistant Commissioner (ST) (FAC)Adyar Assessment Circle, South- III, Integrated Commercial Taxes and Registration Department (South Tower), R.No.244, 2nd Floor, Anna salai, Nandanam, Chennai-35.7/8 https://www.mhc.tn.gov.in/judis W.P.No.21377 of 2025KRISHNAN RAMASAMY.J.,nsaW.P.No.21377 of 2025& W.M.P.Nos.24124 & 24126 of 202518.06.20258/8