W.P.No.8892 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.03.2026 CORAM: THE HONOURABLE MR.JUSTICE C. SARAVANAN W.P.No.8892 of 2026 and W.M.P.Nos.9591 & 9592 of 2026 M/s. Golden Wavoo, Represented by its Partner J.Reuben George No.144, George Rathinam Road, Golden George Nagar, Mugappair, Chennai – 600 107. ...Petitioner Vs. The Deputy State/Commercial Tax Officer-2, J.J. Nagar Assessment Circle, Central II, Chennai – 600 006. ...Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records of the respondent in his proceedings in Reference No.ZD330824107467C, quash the order dated 13.08.2024 passed therein for the financial year 2019-20. For Petitioner : Mr.P.V.Sudakar For Respondent : Mrs.P.Selvi, Government Advocate 1/6 https://www.mhc.tn.gov.in/judis W.P.No.8892 of 2026 ORDER Mrs.P.Selvi, learned Government Advocate takes notice for the Respondent. 2. This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent. 3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 13.08.2024, which was preceded by a Show Cause Notice in GST DRC-01 dated 24.05.2024 wherein the Petitioner was called upon to appear for personal hearing. However, the Petitioner had not taken advantage of the same and thus, suffered the impugned Order dated 13.08.2024. 4. It is noticed that the limitation for filing an appeal under Section 107 of the respective GST enactments, 2017 against the impugned Order has already expired. The present Writ Petition has been filed only on 02.03.2026. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.8892 of 2026 5. At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 50% of the disputed tax as a condition for denovo adjudication. 6. The learned counsel for the Petitioner has also made an endorsement to that effect in the Court bundle, which is extracted hereunder: “The petitioner consents to remit 50% of the tax amount for the purpose of remand.” 7. Under similar circumstances, Orders have been quashed and cases have been remitted back to the Respondent to pass a fresh order on terms subject to such Assessee depositing 25% to 100% of the disputed tax depending upon the length of delay in approaching the Court. I do not find any reason to take a different view in this case. 8. Therefore, to balance the interest of both parties viz., the Assessee and the Revenue, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 50% of the disputed tax 3/6 https://www.mhc.tn.gov.in/judis W.P.No.8892 of 2026 in cash or 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. 9. Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 24.05.2024 together with requisite documents to substantiate the case by treating the impugned Order dated 13.08.2024 as an addendum to the Show Cause Notice dated 24.05.2024. 10. In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner if any, shall also stand automatically vacated. 11. It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 50% of the disputed tax as ordered above and the Petitioner not being in arrears of any other amount for any other tax period barring the amount demanded under the impugned Order. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.8892 of 2026 12. In case the Petitioner fails to comply with any of the stipulations, the Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today. 13. Needless to state, before passing any such order, the Respondent shall give due notice to the Petitioner. 14. This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed. 09.03.2026 kmm Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To: The Deputy State/Commercial Tax Officer-2, J.J. Nagar Assessment Circle, Central II, Chennai – 600 006. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.8892 of 2026 C.SARAVANAN J. kmm W.P.No.8892 of 2026 and W.M.P.Nos.9591 & 9592 of 2026 09.03.2026 6/6 https://www.mhc.tn.gov.in/judis