High Court · 2025

W.P.No.32905 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 02.09.2025Coram:THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQW.P.No.32905 of 2025and W.M.P.Nos.36886 & 36887 of 2025Tvl.Sri Velan Engineering,GSTIN: 33ABTPV2207N2Z3,Represented by its ProprietorSennimalaigounder Velusamy,4/41, Sundamedu Pudur, Chennappa Chetty Pudur Post,Karumathampatti,Coimbatore – 641 659....PetitionerVersusThe Assistant Commissioner (ST),Karumathampatti Assessment Circle,Commercial Tax Building,Dr.Balasundaram Road,Coimbatore – 641 018. ...Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari to call for the records pertaining to the impugned order in Form GST DRC 07 bearing Reference No.ZD330225178778Y/2020-21 dated 18.02.2025 issued by the sole respondent and quash the same.For Petitioner:Mr.S.ArvindhFor Respondent :Mrs.P.Selvi,Government Advocate (Tax)1/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 2025ORDERMrs.P.Selvi, learned Government Advocate (Tax) takes notice for the respondent.2. The present writ petition has been filed by the petitioner challenging the Order in Form GST DRC-07 dated 18.02.2025 passed by the respondent. 3. The learned counsel for the petitioner submitted that the petitioner is engaged in the business of municipality civil contracts. The petitioner has been duly filing their returns and paying all the statutory taxes. On scrutinization of the returns filed by the petitioner for the year 2020-21, it was found that there was a TDS Turnover mismatch between GSTR 7 Vs. GSTR 3B. Hence, the respondent issued Notice in GST ASMT-10 dated 19.05.2023 and Show Cause Notice in Form GST DRC-01 dated 24.10.2024, followed by three Reminder Notices dated 02.12.2024, 12.12.2024 & 28.12.2024. However, the petitioner neither replied to the Show Cause Notice nor attended the personal hearings. Therefore, the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 2025respondent has passed the impugned order in Form GST DRC-07 dated 18.02.2025, confirming the demands proposed in the Show Cause Notice and directing the petitioner to pay the demand of Rs.5,69,382/- comprising tax, interest and penalty. Subsequently, the respondent-Department issued a Bank Attachment Notice dated 08.07.2025 to the petitioner's Banker viz., Indian Overseas Bank, Arasur Branch, Coimbatore seeking to recover a sum of Rs.5,69,382/- from the petitioner's Bank Account towards the tax dues arising out of the impugned order of assessment. 3.1. It is submitted by the learned counsel for the petitioner that both the Show Cause Notice and the impugned order of assessment had not been served to the petitioner either by tender or by way of RPAD, instead, the same had been uploaded in “View Additional Notices and Orders” column of GST Portal and thus, the petitioner was unaware of the proceedings initiated by the respondent and was also unable to participate in the adjudication proceedings. It is also submitted by the learned counsel for the petitioner that if the petitioner is provided with an opportunity, the petitioner would be able to explain the alleged discrepancies.3/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 20253.2. The learned counsel for the petitioner has placed reliance on the order passed by 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 in similar circumstances, this Court has remanded the matter back to the respondent, subject to the payment of 25% of the disputed tax by the petitioner therein. 3.3. The learned counsel for the petitioner further submitted that the petitioner is ready and willing to pay 25% of the disputed tax amount and that on such payment, attachment made in petitioner's Bank Account may be ordered to be lifted and one final opportunity may be granted to the petitioner to put forth their objections to the proposal before the Adjudicating Authority, to which, the learned Government Advocate (Tax) appearing for the respondent does not have any serious objection.4. By consent of the learned counsel on both sides, this Writ Petition stands disposed of on the following terms:(a) The impugned Order in Form GST DRC-07 dated 18.02.2025 passed by the respondent is quashed.4/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 2025(b) The petitioner shall deposit 25% of the disputed tax as agreed by the learned counsel for the petitioner, within a period of four weeks from the date of uploading of web copy of this order without waiting for the receipt of a certified copy of this order.(c) If any amount has been recovered or paid out of the disputed tax, 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 intimate the balance amount out of 25% of disputed tax to be paid, if any, within a period of one week from the date of uploading of web copy of this order without waiting for the receipt of a certified copy of this order. 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 tax within a period of 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 that the petitioner shall pay 25% of the disputed 5/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 2025tax, within a period of four weeks from the date of uploading of web copy of this order.(f) On complying with the above condition, the impugned order of assessment shall be treated as Show Cause Notice and the petitioner shall submit their objections along with supporting documents/material, within a period of four weeks from the date of compliance of the conditions relating to deposit in Clauses (b) and (c). If any such objections are filed, the respondent shall consider the same and pass orders, in accordance with law, after affording a reasonable opportunity of hearing to the petitioner. (g) It is made clear that if the above conditions viz., payment of 25% of disputed tax is not complied or objections are not filed within the stipulated time as stated above, the impugned order of assessment shall stand restored.5. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.02.09.2025mrr Index : Yes/NoSpeaking Order (or) Non-Speaking Order6/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 2025ToThe Assistant Commissioner (ST),Karumathampatti Assessment Circle,Commercial Tax Building,Dr.Balasundaram Road,Coimbatore – 641 018.7/8 https://www.mhc.tn.gov.in/judis W.P.No.32905 of 2025MOHAMMED SHAFFIQ, J.mrrW.P.No.32905 of 202502.09.20258/8