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2025 DAILYLAW 148157 (MAD)

Tvl SREEVAARI AGENCIES v. The Deputy State Tax Officer - 2

WP(MD)/18438/2025 · 2025-07-08

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No. 18438 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 18438 of 2025 and W.M.P.(MD) No.14140 of 2025 Tvl Sreevaari Agencies, rep. by its Proprietor K.Saravanan. ... Petitioner Vs The Deputy State Tax Officer-2, Devakottai. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for records pertaining to the impugned order passed by the respondent vide his order in GSTIN. 33BQKPS7591B1ZK/2019-20, dated 30.08.2024 and quash the same as it is illegal, without jurisdiction and in gross violation of Principles of Natural Justice and further, direct the respondent to re-do the assessment afresh after providing an opportunity of Personal Hearing as per the provisions of the GST Act. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18438 of 2025 For petitioner : Mr. B.Naveenkumar For respondent : Mr.J.K.Jayaselan Government Advocate ***** ORDER This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Government Advocate for the respondent. 2. The petitioner is before this Court against the impugned order, dated 30.08.2024, wherein the demand has been confirmed for the tax period 2019-20. The impugned order has been preceded the notice in DRC 01, dated 23.05.2024. However, the petitioner has not replied to the same and therefore, the demand has been confirmed against the petitioner. 3. It is noticed that under similar circumstances, this Court has come to rescue of the persons like petitioner by quashing the impugned order on terms. There are no other circumstances to take a different view of the matter. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18438 of 2025 4. Considering the same, this Writ Petition is disposed of by quashing the impugned order on terms subject to the petitioner depositing 25% of the disputed tax in cash from the petitioner's Electronic Cash Register within a period of thirty (30) days from the date of receipt of a copy of this order. 5. The petitioner shall file a reply to the notice in DRC 01 dated 23.05.2024 by treating the impugned order, dated 30.08.2024 as addendum to the Show Cause Notice. 6. In case the petitioner complies with the above stipulations, the respondent shall proceed to pass fresh orders on merits and in accordance with law as expeditiously as possible preferably within a period of three (3) months thereafter, after hearing the petitioner. 7. In case, the petitioner fails to comply with the above conditions stipulated, the respondent is at liberty to proceed against the petitioner in accordance with law as if this Writ Petition was dismissed in limine today. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18438 of 2025 8. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 08.07.2025 Internet : Yes / No apd To The Deputy State Tax Officer-2, Devakottai. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18438 of 2025 C.SARAVANAN, J. apd W.P.(MD) No. 18438 of 2025 08.07.2025 5/5 https://www.mhc.tn.gov.in/judis