Tvl Subham Trading Company v. The Deputy State Tax Officer II
WP/20443/2025 · 2026-02-04
C Saravanan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 74420 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 74420 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.20443 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.02.2026 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20443 of 2025 and W.M.P.Nos.23060 & 23061 of 2025 Tvl. Subham Trading Company (Represented by its Proprietor, Shri Subham Goenka) No. 20/43, Sembudoss Street, Mannady, Chennai – 600001.
... Petitioner Vs. The Deputy State Tax Officer-II Harbour Assessment Circle, No.32, Integrated Commercial Taxes Building, 3rd Floor, Elephant Gate Bridge Road, Chennai – 600003. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the impugned order bearing reference number ZD3304242061208 dated 26.04.2024 passed by the Respondent and quash the same as the same being arbitrary, passed in violation of the principles of natural justice. 1/4 https://www.mhc.tn.gov.in/judis
W.P.No.20443 of 2025 For Petitioner : Mr.G.Natarajan For Respondent : Mr.C.Harsha Raj Special Government Pleader
ORDER The petitioner is before this Court against the impugned Order dated 26.04.2024 passed by the respondent, whereby the Respondent / State tax Authority confirmed the demand / proposal in DRC-01 dated 26.12.2023 issued for the financial year 2018-2019.
2. It is an admitted position that the petitioner was assessed by the State Authority. However, the Central Authority had previously issued Show Cause Notice No.111/2022-GST dated 30.09.2022, which culminated in
Order-in-Original No.58/2025 Ch.N (JC)(GST) dated 30.01.2025, confirming the demand.
3. Part of the demand confirmed by the impugned order was also confirmed by the Central Authority by the aforesaid Order-in-Original No.58/2025 Ch.N (JC)(GST), dated 30.01.2025. 2/4 https://www.mhc.tn.gov.in/judis
W.P.No.20443 of 2025
4. The petitioner successfully assailed the aforesaid order before the Appellate Authority. By Order-in-Appeal No.67/2025 (CTA-1) dated 17.04.2025, the Appellate Authority allowed the petitioner’s appeal (Appeal No.18/2025(CTA-1)(CN) dated 03.03.2025) against the Order-in-Original No.58/2025 Ch.N (JC)(GST) dated 30.01.2025 passed by the Additional Commissioner of GST and Central Excise, Chennai North Commissionerate.
5. Since the petitioner has now succeeded on the very same issue before the Appellate Authority by the aforesaid Order-in-Appeal No.67/2025 (CTA-1) dated 17.04.2025, the impugned Order dated 26.04.2024 is no longer sustainable in light of the respective GST Acts and in light of the latest decision of the Hon’ble Supreme Court in Armour Security (India) Ltd. v. Commissioner, CGST, Delhi, dated 14.08.2025.
6. Accordingly, the impugned order is quashed and the writ petition stands allowed. Consequently, connected miscellaneous petitions are closed. No costs. 04.02.2026 raja Neutral Citation : Yes / No 3/4 https://www.mhc.tn.gov.in/judis
W.P.No.20443 of 2025 To The Deputy State Tax Officer-II Harbour Assessment Circle, No.32, Integrated Commercial Taxes Building, 3rd Floor, Elephant Gate Bridge Road, Chennai – 600003. 4/4 https://www.mhc.tn.gov.in/judis
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W.P.No.20443 of 2025 C.SARAVANAN, J. raja W.P.No.20443 of 2025 04.02.2026 6/4 https://www.mhc.tn.gov.in/judis