M/S Thalassery Restaurant v. The Assistant Commissioner (St) (Fac),

ORDER Mr.T.N.C.Kaushik, learned Additional Government Pleader takes notice for the Respondents.

¶2This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents.

¶3In this Writ Petition, the Petitioner has challenged the impugned Order dated 22.02.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 26.11.2024 wherein the Petitioner was called upon to appear for personal hearing. However, the Petitioner had not taken advantage of the same and thus, suffered the impugned Order dated 22.02.2025.

¶4The Petitioner was also issued with Reminder on 28.12.2024,

29.01.2025 and 18.02.2025 which called upon the Petitioner to file a reply and to appear for a personal hearing. However, the Petitioner neither filed any reply nor appeared for the personal hearing despite multiple opportunities. Thus, the impugned Order has been passed.

¶5It is noticed that the limitation for filing an appeal under Section 107 of the respective GST enactments, 2017 against the impugned Order has already expired. The present Writ Petition has been filed only on 22.01.2026.

¶6At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 25% of the disputed tax as a condition for denovo adjudication.

¶7Under similar circumstances, Orders have been quashed and cases have been remitted back to the Respondent to pass a fresh order on terms subject to such Assessee depositing 25% to 100% of the disputed tax depending upon the length of delay in approaching the Court. I do not find any reason to take a different view in this case.

¶8Therefore, to balance the interest of both parties viz., the Assessee and the Revenue, the case is remitted back to the 2nd Respondent to pass a fresh order on merits subject to the Petitioner depositing 25% of the disputed tax in cash or from the Petitioner's Electronic Cash Register within a period of thirty (30) days from the date of receipt of a copy of this order.

¶9Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 26.11.2024 together with requisite documents to substantiate the case by treating the impugned Order dated

22.02.2025 as an addendum to the Show Cause Notice dated 26.11.2024.

¶10In case the Petitioner complies with the above stipulations, the 2nd Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner shall also stand automatically vacated.

¶11It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 25% of the disputed tax as ordered above and the Petitioner not being in arrears of any other amount for any other tax period barring the amount demanded under the impugned Order.

¶12In case the Petitioner fails to comply with any of the stipulations, the 2nd Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today.

¶13Needless to state, before passing any such order, the 2nd Respondent shall give due notice to the Petitioner.

¶14This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed.

23.01.2026 av

C.SARAVANAN, J. av To:

¶1The Assistant Commissioner (ST) (FAC), Bazaar Street Assessment Circle, Commercial Taxes Building, Dr.Balasundaram Road, Coimbatore, Tamil Nadu – 641 018.

¶2The State Tax Officer, Bazaar Street Assessment Circle, Commercial Taxes Building, 2nd floor, Dr.Balasundaram Road, Coimbatore, Tamilnadu – 641 018. and W.M.P.Nos.2665 and 2668 of 2026

23.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2026 CORAM : THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.2665 and 2668 of 2026 M/s. Thalassery Restaurant, (GSTIN: 33AANFT2681F1Z2) rep.by its Partner Mr.P.K.Ismail, New No.20,00,23, old No.18/284, Nawab Hakkim Road, Coimbatore, Tamil Nadu – 641 001. ... Petitioner Vs. 1. The Assistant Commissioner (ST) (FAC), Bazaar Street Assessment Circle, Commercial Taxes Building, Dr.Balasundaram Road, Coimbatore, Tamil Nadu – 641 018. 2. The State Tax Officer, Bazaar Street Assessment Circle, Commercial Taxes Building, 2nd floor, Dr.Balasundaram Road, Coimbatore, Tamilnadu – 641 018. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records in the file of the Impugned order issued by the 2nd respondent electronically in Common Portal vide FORM GST DRC-07 Ref.No.ZD330225225826H dated 22.02.2025 and to quash the same with consequential relief to direct the 1st respondent to defreeze the bank current account No.30656318774, IFSC:SbIN0009042, maintained with state bank of India, Dollar Colony Branch, Karnataka. For Petitioner : M/s.S.Akila For Respondents : Mr.T.N.C.Kaushik Additional Government Pleader