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2026 DAILYLAW 17479 (MAD)

Tvl. SARAVANA KUMAR v. The Deputy State Tax Officer -I (FAC)

WP(MD)/9016/2026 · 2026-04-02

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

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W.P(MD)No.9016 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.04.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.9016 of 2026 and W.M.P(MD)No.7242 of 2026 Tvl.SARAVANA KUMAR PWD Contractor, GSTIN 33AXCPS2217G1Z5 3/174, Palkalai Nagar, Madurai. ... Petitioner Vs. The Deputy State Tax Officer-1(FAC) Madurai Rural West Assessment Circle, Madurai ...Respondent Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Ceriorari, calling for the records in the impugned order in ARN : AD330323084746Z/2019-20 dated 26.08.2024 issued by the respondent and quash the same as it is without jurisdiction and clear violation of statutory provisions. For Petitioner :Mr.S.Karunakar For Respondent :Mr.R.Sureshkumar Additional Government Pleader 1 https://www.mhc.tn.gov.in/judis W.P(MD)No.9016 of 2026 ORDER This writ petition is filed challenging the impugned order dated 26.08.2024 2.Upon perusal of the impugned orders, it can be seen that the petitioner did not avail the opportunity, when the show cause notice is uploaded and the final order was passed. Accordingly, the impugned orders came to be passed ex-parte. 3.It is contended by the petitioner that the impugned assessment order was uploaded only in the web portal and therefore, the petitioner did not have awareness to verify the portal and participate in the proceedings. 4.Though usually this Court imposes a condition of 25% deposit for remitting the matter back, in this case, it is submitted by the learned counsel for the petitioner that 86% of the tax liability has already been recovered. The same is recorded. 5.This Court, takes into account the said submission, is of the view that one more opportunity can be granted to the petitioner. This writ petition is ordered on the following terms: 2 https://www.mhc.tn.gov.in/judis W.P(MD)No.9016 of 2026 (i)Since 86% of the tax amount had already been paid, the impugned order dated 26.08.2024 shall stand set aside and the matter stands remitted back to the file of the respondent. (ii)The petitioner shall appear before the respondent without fail and file such reply and produce such documentary evidence in support of his claim and the respondent authority shall pass orders fresh in accordance with law, as expeditiously as possible. (ii)No costs. Consequently, connected miscellaneous petition is closed. 02.04.2026 NCC:Yes/No Ns To The Deputy State Tax Officer-1(FAC) Madurai Rural West Assessment Circle, Madurai 3 https://www.mhc.tn.gov.in/judis W.P(MD)No.9016 of 2026 D.BHARATHA CHAKRAVARTHY, J. Ns W.P(MD)No.9016 of 2026 and W.M.P(MD)No.7242 of 2026 02.04.2026 4 https://www.mhc.tn.gov.in/judis