Citation : 2026 Latest Caselaw 1482 Mad
Judgement Date : 23 March, 2026
W.P.(MD) No.7506 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD) No.7506 of 2026
and
W.M.P.(MD) No.6150 of 2026
Tvl.Sri Vignesh Traders
Rep. by its Proprietor Hariharan Sri Hari,
S/o.Hariharan,
No.10, Aswini Street,
Duraisamy Nagar, Bye-Pass Road
Madurai - 625 010. ... Petitioner
Vs.
The Deputy State Tax Officer-1/
Deputy Commercial Tax Officer,
Madruai Rural (South) Circle,
Madurai. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorarified Mandamus to call for the
impugned assessment order on the file of respondent vide GSTIN
33CPIPS5949K1Z6/2020-21 and summary order bearing reference
No.ZD330225126720V dated 13.02.2025 and quash the same as illegal
and devoid of merits and direct the respondent to redo the assessment
proceedings for the year 2020-21.
For Petitioner : Mr.Raja.Karthikeyan
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W.P.(MD) No.7506 of 2026
For Respondent : Mr.R.Suresh Kumar
Additional Government Pleader
ORDER
This Writ Petition is filed challenging the impugned order dated
13.02.2025.
2. Upon perusal of the impugned order, it can be seen that when
there was a mismatch between GSTR-3B/GSTR-1 and GSTR-7, reversal
of ITC on account of mismatch between GSTR-2A and GSTR-3B,
proposal for levy of interest for belated payment of tax and levy of late
fees for belated filing of GSTR-1, the petitioner did not avail the
opportunity when the show cause notice was uploaded. Accordingly, the
impugned order came to be passed ex parte.
3. It is contended by the learned counsel for the petitioner that since
the show cause notice and the personal hearing notices were uploaded on
the portal, the petitioner was not aware of the same and that the assessing
authority has passed the impugned order without considering the
documents available on the web portal of the department.
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4. This Court, taking into account the said submission and
considering the submission made by the learned counsel for the petitioner
that the entire tax amount has been realised, is of the view that one more
opportunity can be granted to the petitioner. This Writ Petition is therefore
allowed on the following terms:
(i) The impugned order dated 13.02.2025 shall stand set aside and the matter shall stand remitted back to the file of the respondent.
(ii) The petitioner shall appear before the respondent without fail and file such reply and produce such documentary evidence in support of its claim.
(iii) The respondent authority shall pass fresh orders in accordance with law, as expeditiously as possible.
(iv) No costs. Consequently, the connected Miscellaneous Petition is closed.
23.03.2026 JEN Neutral Citation : No
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To
The Deputy State Tax Officer-1/ Deputy Commercial Tax Officer, Madruai Rural (South) Circle, Madurai.
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D.BHARATHA CHAKRAVARTHY, J.
JEN
23.03.2026
(1/4)
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