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2026 DAILYLAW 48204 (MAD)

AK Granites v. The Deputy Commercial Tax Officer- I

WP/25019/2026 · 2026-07-10

Senthilkumar Ramamoorthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 25019 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 25019 of 2026 and W.M.P.Nos.27296 & 27300 of 2026 AK Granites Represented by its Proprietor Sourabh Soni, No. 165/4A, Main Road, Readdichavadi, Madalapattu, Cuddalore 607402. ..Petitioner(s) Vs The Deputy Commercial Tax Officer- I Cuddalore (Town) Assessment Circle, Cuddalore, Tamil Nadu. ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings of the Respondent in GSTIN-33BGUPS9449A1ZW/2021-22, culminating in the Assessment Order dated 13.11.2025, passed under Section 73 of the CGST/TNGST Act, 2017, bearing Reference No.ZD331125220545T, along with the consequential Form GST DRC-07 dated 13.11.2025,and to quash all the impugned proceedings as passed contrary to the provisions of the CGST/TNGST Act, 2017, and against the principles of natural justice. https://www.mhc.tn.gov.in/judis WP No. 25019 of 2026 __________ Page2 of 4 For Petitioner(s): Mr.Samuel Rupesh Rajkumar For Respondent(s): Ms.G.Dhana Madhri, Government Counsel (Tax) *********** ORDER An order dated 13.11.2025 is assailed on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand on merits. 2. Ms.G.Dhana Madhri, learned Government Counsel (Tax), accepts notice on behalf of the respondent. 3. On perusal of the impugned order, it is evident that such order was issued without hearing the petitioner. The writ petition has been filed after the period of limitation expired. 4. Learned counsel for the petitioner submits that the entire demand under the impugned order was recovered pursuant thereto. This aspect is required to be verified and confirmed. An endorsement has been made to that effect on the bundle. https://www.mhc.tn.gov.in/judis WP No. 25019 of 2026 __________ Page3 of 4 5. Subject to verifying and confirming that the entire tax demand under the impugned order was recovered, the impugned order is set aside so as to provide an opportunity to the petitioner to contest the demand on merits, and the matter is remanded for re-consideration. After providing a reasonable opportunity to the petitioner, including a personal hearing, a fresh order shall be issued within three months from the date of verifying and confirming the recovery. 6. The writ petition is disposed of on the above terms. Consequently, connected writ miscellaneous petitions are closed. There shall be no order as to costs. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To The Deputy Commercial Tax Officer- I Cuddalore (Town) Assessment Circle, Cuddalore, Tamil Nadu. https://www.mhc.tn.gov.in/judis WP No. 25019 of 2026 __________ Page4 of 4 SENTHILKUMAR RAMAMOORTHY, J. RNA WP No. 25019 of 2026 and W.M.P.Nos.27296 & 27300 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis