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2026 DAILYLAW 59791 (MAD)

Shankar and Co, v. The Deputy Commissioner Tax officer

WP/31859/2026 · 2026-08-19

Senthilkumar Ramamoorthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 31859 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 31859 of 2026 and WMP.No.35034 of 2026 Shankar and Co, GSTIN : 33BBRPS2425J1ZC Represented by its Proprietor M. Sivasankar, 514, Bharathiar Road, Maniakarampalayam, Coimbatore - 641006. ..Petitioner Vs The Deputy Commercial Tax Officer, Saravanampatti (west), Coimbatore -III, Coimbatore. ..Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records pertaining to the impugned order in Form GST DRC 07 bearing reference no. ZD330124006286W/2019-20 dated 02.01.2024 issued by the Respondent and quash the same. For Petitioner: Mr. S.Arvindh For Respondent: Mr. R. Sethu Prabakaran Government Advocate (Tax) ORDER An order dated 02.01.2024 is assailed in this writ petition on the ground of alleged breach of principles of natural justice. https://www.mhc.tn.gov.in/judis WP No. 31859 of 2026 __________ Page2 of 4 2. Mr. R.Sethu Prabakaran, learned Government Advocate (Tax), accepts notice on behalf of the respondent. 3. Learned counsel for the petitioner submits that the entire tax demand under the impugned order was recovered. This aspect is required to be verified and confirmed. 4. Subject to verifying and confirming that the entire tax demand under the impugned order has indeed been recovered, the impugned order is set aside. Consequently, the matter is remanded for re-consideration. After providing a reasonable opportunity to the petitioner, a fresh order shall be issued within three months from the date of verifying and confirming the above mentioned recovery. In view of the impugned order being set aside, the attachment, if any, of the bank account of the petitioner in relation to the impugned order shall stand raised. 5. The writ petition is disposed of on the above terms. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 19-08-2026 Index : Yes/No (2/2) Neutral Citation : Yes/No KJ https://www.mhc.tn.gov.in/judis WP No. 31859 of 2026 __________ Page3 of 4 To The Deputy Commercial Tax Officer, Saravanampatti (west), Coimbatore -III, Coimbatore. https://www.mhc.tn.gov.in/judis WP No. 31859 of 2026 __________ Page4 of 4 SENTHILKUMAR RAMAMOORTHY J. KJ WP No. 31859 of 2026 19-08-2026 (2/2) https://www.mhc.tn.gov.in/judis