Madras High Court
Mr.Chinnadurai Saravanan vs The Deputy State Tax Officer-I on 7 January, 2025
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.No.376 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.376 of 2025
and
W.M.P.Nos.421 and 422 of 2024
Mr.Chinnadurai Saravanan,
Proprietor,
Tvl.Saravana Traders ..Petitioner
Vs.
1.The Deputy State Tax Officer-I,
(also known as the Deputy Commercial Tax Officer),
Avadi Assessment Circle,
Station:Integrated Commercial Taxes Building
(Tiruvallur Division),
st
1 Floor, Elephant Gate Bridge Road,
Vepery, Chennai-600 003.
2.The Appellate Deputy Commissioner (CT),
O/o The Deputy Commissioner (ST),
GST Appeals, Chennai-I,
Greams Road, 2nd Floor, Room No.210,
Chennai- 600 006. ..Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.376 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue Writ of Certiorari, calling for the records on the files of the first
respondent herein in GSTIN/33BVMPS2386H1Z5/2018-19 dated 29.04.2024 and
the connected order under Section 73 dated 29.04.2024 and the summary of the
order in Form GST DRC-07 dated 29.04.2024 issued in Reference
No.ZD330424234856B and quash the same and pass orders.
For Petitioner : Mr.Jayaprathap A N R
For Respondent : Mr.C.Harsha Raj
Additional Government Pleader
ORDER
The present Writ Petition is filed challenging the impugned order passed by
the first respondent dated 29.04.2024 relating to the assessment year 2018-19.
2. The petitioner is a proprietary firm and is registered under Goods and
Services Act, 2017. During the relevant period, the petitioner had filed its return
and paid appropriate taxes. However, on verification of the monthly returns, it was
found that there was mismatch between GSTR -3B and GSTR-2A.
2.1. Pursuant thereto, a notice in DRC-01A was issued to the petitioner on
09.07.2022, followed by a show cause notice in DRC 01 on 24.11.2023 and
reminder on 12.04.2024. Further, personal hearing was offered on 16.04.2024. The
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petitioner filed its reply on 23.12.2023. However, the same was rejected on the
premise that the taxpayer has failed to substantiate their claim as per Section 16(2)
of CGST Act/TN GST Act of 2017 and the impugned order came to be passed,
confirming the proposal. Aggrieved by the same, the petitioner had filed an appeal
and the same was rejected on the ground of barred by limitation.
3. The learned counsel for the petitioner would place reliance upon the
recent judgment of this Court in the case of M/s.K.Balakrishnan, Balu Cables vs.
O/o. the Assistant Commissioner of GST & Central Excise in
W.P.(MD)No.11924 of 2024 dated 10.06.2024. It was further submitted that the
petitioner is ready and willing to pay 25% of the disputed tax and that he may be
granted one final opportunity before the adjudicating authority to put forth their
objections to the proposal. It is further submitted that subsequent to the passing of
the impugned order, the petitioner had filed an appeal along with 10% pre-deposit
and his only request is that the same may be adjusted towards 25% of the disputed
tax, to which the learned Government Advocate appearing for the respondent does
not have any serious objection, while seeking liberty to verify the correctness of
the statement relating to remittance made by the petitioner.
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4. By consent of parties, the writ petition stands disposed of on the
following terms:
a) The impugned order dated 29.04.2024 is set aside
b) The petitioner shall deposit 25% of the disputed taxes as admitted by the
learned counsel for the petitioner and the respondent, within a period of four
weeks from the date of receipt of a copy of this order.
c) If any amount has been recovered or paid out of the disputed taxes,
including by way of pre-deposit in appeal, the same would be reduced/adjusted,
from/towards the 25% of disputed taxes directed to be paid. The assessing
authority shall then intimate the balance amount out of 25 % of disputed taxes to
be paid, if any, within a period of one week from the date of receipt of a copy of
this order. The petitioner shall deposit such remaining sum within a period of three
weeks from such intimation.
d) The entire exercise of verification of payment, if any, intimation of the
balance sums, if any, to be paid for compliance with the direction of payment of
25% of the disputed taxes, after deducting the sums already paid and payment by
the petitioner of the balance amount, if any, on intimation in compliance of the
above direction, shall be completed within a period of four weeks from the date of
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receipt of copy of this order.
e) Failure to comply with the above condition viz., payment of 25% of
disputed taxes within the stipulated period i.e., four weeks from the date of receipt
of a copy of this order shall result in restoration of the impugned order.
f) If there is any recovery by way of attachment of Bank account or
garnishee proceedings, the same shall be lifted /withdrawn on complying with the
above condition viz., payment of 25 % of the disputed taxes.
g) On complying with the above condition, the impugned order of
assessment shall be treated as show cause notice and the petitioner shall submit its
objections within a period of four (4) weeks from the date of receipt of a copy of
this order along with supporting documents/material. If any such objections are
filed, the same shall be considered by the respondent and orders shall be passed in
accordance with law after affording a reasonable opportunity of hearing to the
petitioner. It is made clear that if the above conditions viz., 25% of disputed taxes
is not complied or objections are not filed within the stipulated period, four weeks
respectively from the date of receipt of a copy of this order, the impugned order of
assessment shall stand restored.
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5. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
07.01.2025
Speaking (or) Non Speaking Order
Neutral Citation: Yes/No
mrn
To
1.The Deputy State Tax Officer-I,
(also known as the Deputy Commercial Tax Officer),
Avadi Assessment Circle,
Station:Integrated Commercial Taxes Building
(Tiruvallur Division),
st
1 Floor, Elephant Gate Bridge Road,
Vepery, Chennai-600 003.
2.The Appellate Deputy Commissioner (CT),
O/o The Deputy Commissioner (ST),
GST Appeals, Chennai-I,
Greams Road, 2nd Floor, Room No.210,
Chennai- 600 006.
https://www.mhc.tn.gov.in/judis
MOHAMMED SHAFFIQ, J.
mrn
and
W.M.P.Nos.421 and 422 of 2024
07.01.2025
https://www.mhc.tn.gov.in/judis
