High Court · 2025

W.P.(MD)Nos.36172 to 36174 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 17.12.2025CORAMTHE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMYW.P.(MD)Nos.36172 to 36174 of 2025W.M.P.(MD)No.28788, 28805 & 28802 of 2025Tvl. Elango ConstructionsRep. by its Proprietor K.ElangovanNo.11/34, A.Easakkiamman Kovil StreetKavalkinaru, Tirunelveli District - 627 105.... Petitioner in all petitions Vs. The State Tax officerNanguneri Assessment CircleTirunelveli District ... Respondent in all petitionsCommon Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for records pertaining to the impugned order passed by the Respondent vide his order in GSTIN. 33AAJPE9087E2ZN /2020-2021 dated 20.01.2025, GSTIN. 33AAJPE9087E2ZN /2021-22 dated 02.12.2024 & GSTIN. 33AAJPE9087E2ZN /2023-24 dated 10.12.2024 and quash the same as it is illegal and in gross violation of Principles of Natural Justice.For Petitioner: Mr.C.JeganathanFor Respondent: Mr.R.Suresh Kumar, AGP1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 2025ORDERThese writ petitions have been filed challenging the impugned orders dated 20.01.2025, 02.12.2024 & 10.12.2024 passed by the respondent.2. Mr.R.Suresh Kumar, learned Additional Government Pleader, takes notice on behalf of the respondent in all the petitions. 3. By consent of the parties, the main writ petitions are taken up for disposal at the admission stage itself.3. The learned counsel for the petitioner would submit that in these cases, all notices/communications, viz., show cause notice and the subsequent reminders, 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 orders came to be passed by the respondent without providing any opportunity of personal hearing to the petitioner. Therefore, these petitions have been filed. 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 20254. Further, he would submit that the petitioner is willing to pay 25% of the disputed tax amount in each case, 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 orders. 5. On the other hand, the learned Additional Government Pleader 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 orders. Therefore, he requested this Court to remit the matter back to the respondent, subject to the payment of 25% of the disputed tax amount as agreed by the petitioner.6. Heard the learned counsel for the petitioner and and the learned Additional Government Pleader for the respondent and also perused the materials available on record. 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 20257. In the cases 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 subsequent reminders issued through the GST Portal and the original of the said show cause notice and the subsequent 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 order by fulfilling the empty formalities will not serve any useful 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 2025purpose 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, in each case, to the respondent. In such view of the matter, this Court is inclined to set aside the impugned orders dated 20.01.2025, 02.12.2024 & 10.12.2024 passed by the respondent. Accordingly, this Court passes the following order:- 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 2025(i) The impugned orders dated 20.01.2025, 02.12.2024 & 10.12.2024 are set aside and the matters are remanded to the respondent for fresh consideration on condition that the petitioner shall pay 25% of the disputed tax amount, in each case, 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. 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 202511. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed. 17.12.2025Speaking/Non-speaking orderIndex : Yes / NoNeutral Citation : Yes / NonsaToThe State Tax officerNanguneri Assessment CircleTirunelveli District 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.36172 to 36174 of 2025KRISHNAN RAMASAMY.J.,nsaW.P.(MD)Nos.36172 to 36174 of 2025W.M.P.(MD)No.28788, 28805 & 28802 of 202517.12.20258/8