High Court · 2025

W.P. No.38620 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.01.2025CORAMTHE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQW.P. No.38620 of 2024andW.M.P.Nos.41826 and 41828 of 2024Tvl.Nirma Foods,Rep. By its partner Mr.Uma Shankar,G1, 6/11, Heritage Apartment,Central Avenue Kodambakkam, Chennai, Tamil Nadu 600 024...Petitioner Vs.The Deputy State Tax Officer,Kodambakkam Assessment Circle,No.1, Greams Road, Annexure Building,4th Floor, Chennai 600 006. .. RespondentPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records relating to the impugned assessment order dated 18.12.2023 bearing GSTIN No.33AAOFN2540C1ZN/2017-2018 passed by respondent and quash the same.For Petitioner : Mr.A.Abdul Rahman For Respondent: Ms.Amrita Dinakaran Government AdvocateORDERPage 1 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024The present writ petition is filed challenging the impugned order dated dated 18.12.2023, passed by the respondent in GSTIN No.33AAOFN2540C1ZN/2017-2018, on the premise that the same is made in violation of principles of natural justice.2. It is submitted by the learned counsel for the petitioner that the petitioner firm is a Food Industry and Catering Services provider. It is submitted that the petitioner had stopped running the business and its GST Registration was cancelled on 2019. During the relevant period of 2017-18, the petitioner had filed the returns and paid appropriate taxes. However, on scrutiny of returns filed by the petitioner it was found that there was a mismatch in ITC claimed between GSTR 3B and GSTR 2A. 3. It is submitted by the learned counsel for the petitioner that a notice in Form DRC01 was issued on 01.09.2023. Personal hearing was also granted vide proceedings dated 16.11.2023, 22.11.2023 and 24.11.2023. However, the petitioner had not responded to any of the above notices / intimation, the impugned order was thus passed confirming the proposal. It is submitted by the learned counsel for the Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024petitioner that neither the show cause notice nor the impugned order of assessment has been served on the petitioner by tender or sending it by RPAD, instead it had been uploaded in the "view additional notices" tab in GST Portal, thereby, the petitioner was unaware of the impugned order of assessment. It is submitted by the learned counsel for the petitioner that if the petitioner is provided with an opportunity, he would be able to explain the alleged discrepancy.4. The learned counsel for the petitioner would then place reliance upon the recent judgment of 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 this court has remanded the matter back in similar circumstances subject to payment of 25% of the disputed taxes.5. It was further submitted that the petitioner is ready and willing to pay 25% of the disputed tax and that he may be granted one final opportunity before the adjudicating authority to put forth their objections to the proposal, to which the learned Government Advocate appearing for Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024the respondent does not have any serious objection.6. By consent of both parties, the writ petition stands disposed of on the following terms:a) The impugned order dated 18.12.2023 is set aside.b) The petitioner shall deposit 25% of the disputed taxes as admitted by the learned counsel for the petitioner and the respondent, within a period of four weeks from the date of receipt of a copy of this order.c) If any amount has been recovered or paid out of the disputed taxes, 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 then intimate the balance amount out of 25 % of disputed taxes to be paid, if any, within a period of one week from the date of receipt of a copy of this order. The petitioner shall deposit such remaining sum within a period of three weeks from such intimation.d) The entire exercise of verification of payment, if any, intimation of the balance sums, if any, to be paid for compliance with the direction Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024of payment of 25% of the disputed taxes, after deducting the sums already paid and payment by the petitioner of the balance amount, if any, on intimation in compliance of the above direction, shall be completed within a period of four weeks from the date of receipt of copy of this order.e) Failure to comply with the above condition viz., payment of 25% of disputed taxes within the stipulated period i.e., four weeks from the date of receipt of a copy of this order shall result in restoration of the impugned order.f) 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 viz., payment of 25 % of the disputed taxes. g) On complying with the above condition, the impugned order of assessment shall be treated as show cause notice and the petitioner shall submit its objections within a period of four (4) weeks from the date of receipt of a copy of this order along with supporting documents/material. If any such objections are filed, the same shall be considered by the respondent and orders shall be passed in accordance with law after affording a reasonable opportunity of hearing to the petitioner. It is made Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024clear that if the above conditions viz., 25% of disputed taxes is not complied or objections are not filed within the stipulated period, four weeks respectively from the date of receipt of a copy of this order, the impugned order of assessment shall stand restored.7. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.02.01.2025 Speaking (or) Non Speaking OrderIndex:Yes/NoNeutral Citation: Yes/NosppPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024To:The Deputy State Tax Officer,Kodambakkam Assessment Circle,No.1, Greams Road, Annexure Building,4th Floor, Chennai 600 006.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P. No.38620 of 2024MOHAMMED SHAFFIQ, J.sppW.P. No.38620 of 2024andW.M.P.Nos.41826 and 41828 of 202402.01.2025Page 8 of 8