Tvl Supreme Garnet vs The Deputy State Tax Officer

Citation : 2026 Latest Caselaw 1389 Mad
Judgement Date : 17 March, 2026

[Cites 2, Cited by 0]

Madras High Court

Tvl Supreme Garnet vs The Deputy State Tax Officer on 17 March, 2026

Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
                                                                                       W.P(MD)No. 7432 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED :17.03.2026

                                                        CORAM:

                      THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

                                           W.P(MD)No. 7432 of 2026
                                                     and
                                          W.M.P.(MD) No.6108 of 2026

                     Tvl Supreme Garnet, IMC
                     rep. by its Parner S.Chandresan.                                  ... Petitioner

                                                        Vs

                     The Deputy State Tax Officer-1,
                     Nanguneri Assessment Circle,
                     Nanguneri.                                                       ... Respondent


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorari calling for the
                     records in the impugned Order in GSTIN Ref No. 33AAAFI9714R1ZX/
                     2020-21 dated 11.11.2024 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.Suresh Kumar
                                                                   Additional Government Pleader




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                                                                                             W.P(MD)No. 7432 of 2026


                                                               ORDER

This writ petition is filed challenging the impugned order dated 11.11.2024. By the said order passed under Section 73 of the TNGST Act, 2017, for the tax period 2020-21, it is noted there are certain defects, including mismatch between GSTR 3B and GSTR 2A, etc.

2. The learned counsel for the petitioner submits that as the entire exercise was conducted only by uploading the show cause notice and the order in the portal, the petitioner could not make use of the opportunity.

3. The learned Additional Government Pleader would submit that as per the Act and the rules framed thereunder, uploading of the show cause notice as well as the order amounts to service and therefore, without availing the opportunity, belatedly, the present writ petition is being filed.

4. I have considered the rival submissions made on either side and perused the assessment order, the grounds on which the defects are noted 2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 12:00:13 pm ) W.P(MD)No. 7432 of 2026 and the tax liability on the other heads imposed. I have also considered the reason that is mentioned in the affidavit filed in support of the writ petition for not participating in the assessment proceedings.

5. On an overall consideration of the facts and circumstances of the case, I am of the view that one opportunity can be granted to the petitioner, however, on condition to deposit 25% of the disputed tax amount.

6. In view thereof, this writ petition is allowed on the following terms:

(a) Within four (4) weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order, the petitioner shall deposit 25% of the disputed tax amount;
(b) Upon such deposit, the impugned order, dated 11.11.2024 shall stand set aside and the matter is remanded back to the file of the respondent for fresh disposal;
(c) It will be open for the petitioner to appear before the respondent and file a reply and also place on record such documents in 3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 12:00:13 pm ) W.P(MD)No. 7432 of 2026 support of its claim and to raise all grounds, both factual and legal, before the respondent;
(d) It is for the respondent to consider and pass orders afresh in accordance with law; and
(e) No costs. Consequently, connected miscellaneous petition is closed.
                     NCC            : Yes/No                                                          17.03.2026
                     apd


                     To
                     The Deputy State Tax Officer-1,
                     Nanguneri Assessment Circle,
                     Nanguneri.




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                                                                             W.P(MD)No. 7432 of 2026




                                               D.BHARATHA CHAKRAVARTHY.,J.

                                                                                               apd




                                                                            ORDER MADE IN

                                                                   W.P(MD)No. 7432 of 2026




                                                                                      17.03.2026




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