High Court · 2025
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WP No. 31014 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20-08-2025CORAMTHE HONOURABLE MR JUSTICE KRISHNAN RAMASAMYWP No. 31014 of 2025ANDWMP NO. 34748 OF 2025M/s.Meenakshi Granites,Rep by its Proprietor, Mr.Hitesh Munot, Place of Business No.Sy No 420/1C2 Jitto Banapalli Bargur Jegadevipalayam Krishnagiri, Tamil Nadu 635 203. GSTIN.33AZAPM0498B1ZRPetitioner(s)VsThe State Tax Officer/Commercial Tax Officer,Krishnagiri -II, Circle, Krishnagiri Tamilnadu.Respondent(s)PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the record of the impugned Order in Ref. No. ZD330924182863Z, dated https://www.mhc.tn.gov.in/judis WP No. 31014 of 202526.09.2024, under Section 74 Tamil Nadu Central Goods and Service Tax Act, 2017, for the assessment period 2019-2020 uploaded along with the summary of the order in form GST DRC-07 from the file of the Respondent herein, quash the same and direct the Respondent to pass a fresh order after providing an Opportunity of being heard to the Petitioner.For Petitioner(s):Mr.Sanjay RajpurohitFor Respondent(s):Mrs.K.Vasanthamala, Government Advocate (t)ORDER This writ petition has been filed by the petitioner challenging the impugned assessment order dated 26.09.2024, passed by the respondent relating to the Assessment Year 2019-20 and to quash the same. 2.Mrs.K.Vasanthamala, learned Government Advocate (Taxes), takes notice on behalf of the 1st respondent. 3.By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. https://www.mhc.tn.gov.in/judis WP No. 31014 of 20254.Learned counsel appearing for the petitioner would submit that, in the present case, the petitioner have not received any physical copy of the show cause notice and also personal hearing notice. The show cause notice dated 13.12.2023 and a reminder were uploaded in the GST Portal in “View Additional Notices and Orders” tab and the petitioner had no ocassion to open the GST Portal since the GST registration of the petitioner was cancelled vide order dated 16.06.2023. Even the impugned order dated 26.09.2024 was also uploaded in the GST Portal in “View Additional Notices and Orders” tab, which is violation of principle of natural justice. He would further submit that the petitioner is ready and willing to pay 25% of the disputed tax demand in respect of the impugned assessment period and prayed to set aside the impugned order directing the respondent to permit the petitioner to file their reply and provide an opportunity of personal hearing so that the petitioner would be able to substantiate their case. 5.Learned Governemnt Advocate appearing for the respondent would submit that as per the voluntary submissions made by the learned counsel for https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025the petitioner, subject to the deposit of 25% of the disputed tax demand by the petitioner in respect of the impugned assessment period, if the Court feels it appropriate and it is a fit case for re-consideration, this Court may consider and pass orders.6.Heard the learned counsel appearing for the petitioner as well as the learned Governemnt Advocate appearing for the respondent and perused the materials available on record. 7.Considering the above submissions made by the learned counsel for the petitioner as well as the learned Governemnt Advocate appearing for the respondent and upon perusal of the materials, it is evident that the impugned show cause notice was uploaded on the GST Portal Tab. According to the petitioner, the petitioner was not aware of the issuance of the show cause notice issued through the GST Portal and the original of the said show cause notice was 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 https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025opportunity 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 order 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. 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, https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025preferably by way of RPAD, which would ultimately achieve the object of the GST Act. 9.Therefore, this Court finds that there is a lack of opportunities being provided to the petitioner. Hence, this Court is inclined to set-aside the impugned order with terms, by issuing the following directions:-(i)The order impugned herein is set aside and the matter is remanded back to the respondent for fresh consideration on condition that the petitioner deposits 25% of the disputed tax amount in respect of the impugned assessment period, as agreed by the petitioner, within a period of four weeks from the date of receipt of a copy of this order.(ii) The petitioner shall file their reply/objection along with the required documents, if any, within a period of two weeks thereafter, or from the date the GST portal is made ready for filing reply, whichever is later.(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 https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025and in accordance with law, after hearing the petitioner, as expeditiously as possible. 10.With the above directions, the writ petition is disposed of. There is no order as to costs. Consequently, the connected miscellaneous petitions are closed.20-08-2025rstIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoToThe State Tax Officer/commercial Tax OfficerKrishnagiri -II, Circle, Krishnagiri Tamilnadu. https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025KRISHNAN RAMASAMY JrstWP No. 31014 of 2025AND WMP NO. 34748 OF 202520-08-2025
WP No. 31014 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20-08-2025CORAMTHE HONOURABLE MR JUSTICE KRISHNAN RAMASAMYWP No. 31014 of 2025ANDWMP NO. 34748 OF 2025M/s.Meenakshi Granites,Rep by its Proprietor, Mr.Hitesh Munot, Place of Business No.Sy No 420/1C2 Jitto Banapalli Bargur Jegadevipalayam Krishnagiri, Tamil Nadu 635 203. GSTIN.33AZAPM0498B1ZRPetitioner(s)VsThe State Tax Officer/Commercial Tax Officer,Krishnagiri -II, Circle, Krishnagiri Tamilnadu.Respondent(s)PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the record of the impugned Order in Ref. No. ZD330924182863Z, dated https://www.mhc.tn.gov.in/judis WP No. 31014 of 202526.09.2024, under Section 74 Tamil Nadu Central Goods and Service Tax Act, 2017, for the assessment period 2019-2020 uploaded along with the summary of the order in form GST DRC-07 from the file of the Respondent herein, quash the same and direct the Respondent to pass a fresh order after providing an Opportunity of being heard to the Petitioner.For Petitioner(s):Mr.Sanjay RajpurohitFor Respondent(s):Mrs.K.Vasanthamala, Government Advocate (t)ORDER This writ petition has been filed by the petitioner challenging the impugned assessment order dated 26.09.2024, passed by the respondent relating to the Assessment Year 2019-20 and to quash the same. 2.Mrs.K.Vasanthamala, learned Government Advocate (Taxes), takes notice on behalf of the 1st respondent. 3.By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. https://www.mhc.tn.gov.in/judis WP No. 31014 of 20254.Learned counsel appearing for the petitioner would submit that, in the present case, the petitioner have not received any physical copy of the show cause notice and also personal hearing notice. The show cause notice dated 13.12.2023 and a reminder were uploaded in the GST Portal in “View Additional Notices and Orders” tab and the petitioner had no ocassion to open the GST Portal since the GST registration of the petitioner was cancelled vide order dated 16.06.2023. Even the impugned order dated 26.09.2024 was also uploaded in the GST Portal in “View Additional Notices and Orders” tab, which is violation of principle of natural justice. He would further submit that the petitioner is ready and willing to pay 25% of the disputed tax demand in respect of the impugned assessment period and prayed to set aside the impugned order directing the respondent to permit the petitioner to file their reply and provide an opportunity of personal hearing so that the petitioner would be able to substantiate their case. 5.Learned Governemnt Advocate appearing for the respondent would submit that as per the voluntary submissions made by the learned counsel for https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025the petitioner, subject to the deposit of 25% of the disputed tax demand by the petitioner in respect of the impugned assessment period, if the Court feels it appropriate and it is a fit case for re-consideration, this Court may consider and pass orders.6.Heard the learned counsel appearing for the petitioner as well as the learned Governemnt Advocate appearing for the respondent and perused the materials available on record. 7.Considering the above submissions made by the learned counsel for the petitioner as well as the learned Governemnt Advocate appearing for the respondent and upon perusal of the materials, it is evident that the impugned show cause notice was uploaded on the GST Portal Tab. According to the petitioner, the petitioner was not aware of the issuance of the show cause notice issued through the GST Portal and the original of the said show cause notice was 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 https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025opportunity 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 order 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. 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, https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025preferably by way of RPAD, which would ultimately achieve the object of the GST Act. 9.Therefore, this Court finds that there is a lack of opportunities being provided to the petitioner. Hence, this Court is inclined to set-aside the impugned order with terms, by issuing the following directions:-(i)The order impugned herein is set aside and the matter is remanded back to the respondent for fresh consideration on condition that the petitioner deposits 25% of the disputed tax amount in respect of the impugned assessment period, as agreed by the petitioner, within a period of four weeks from the date of receipt of a copy of this order.(ii) The petitioner shall file their reply/objection along with the required documents, if any, within a period of two weeks thereafter, or from the date the GST portal is made ready for filing reply, whichever is later.(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 https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025and in accordance with law, after hearing the petitioner, as expeditiously as possible. 10.With the above directions, the writ petition is disposed of. There is no order as to costs. Consequently, the connected miscellaneous petitions are closed.20-08-2025rstIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoToThe State Tax Officer/commercial Tax OfficerKrishnagiri -II, Circle, Krishnagiri Tamilnadu. https://www.mhc.tn.gov.in/judis WP No. 31014 of 2025KRISHNAN RAMASAMY JrstWP No. 31014 of 2025AND WMP NO. 34748 OF 202520-08-2025