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Haribabu Baskaran v. Deputy State Tax Officer 1

DISPOSED OF
Court
High Court of Madras
Decided
24 April 2026
Bench
C. Saravananauthor
Case no.
WP 16252/2026

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Judgment

ORDER Mrs.K.Vasanthamala, learned Government Advocate, takes notice for the Respondent.

¶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 Government Advocate for the Respondent. Page2 of 6

¶3In this Writ Petition, the Petitioner has challenged the impugned Order dated 29.08.2024, which was preceded by a Show Cause Notice in GST DRC-01 dated 18.05.2024 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 29.08.2024.

¶4It 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 09.04.2026.

¶5At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 50% of the disputed tax as a condition for denovo adjudication.

¶6The learned counsel for the Petitioner has also made an endorsement to that effect in the Court bundle which has been extracted hereunder:- "The petitioner undertakes to deposit 50% of the disputed tax and requests this Hon'ble Court to remand the matter to the Respondent for fresh consideration."

¶7Recording the above submission, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 50% of the disputed tax in cash or from the Petitioner's Electronic Cash Register Page3 of 6 within a period of thirty (30) days from the date of receipt of a copy of this order.

¶8Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 18.05.2024 together with requisite documents to substantiate the case by treating the impugned Order dated

29.08.2024 as an addendum to the Show Cause Notice dated 18.05.2024.

¶9In case the Petitioner complies with the above stipulations, the 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 if any, shall also stand automatically vacated.

¶10It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 50% 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. Page4 of 6

¶11In case the Petitioner fails to comply with any of the stipulations, the 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.

¶12Needless to state, before passing any such order, the Respondent shall give due notice to the Petitioner.

¶13This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed.

24.04.2026 Index: Yes/No Speaking/Non-speaking order kmm Page5 of 6 To Deputy State Tax Officer-1, Station No. No.1, PAPJM Annexure, Building, 3rd Floor, Greams Road, Chennai - 600 006. Page6 of 6

C.SARAVANAN, J. kmm W.P.No.16252 of 2026

24.04.2026

Case details

Parties and counsel

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.04.2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN W.P.No.16252 of 2026 and W.M.P.Nos.17447 & 17448 of 2026 Haribabu Baskaran ..Petitioner Vs Deputy State Tax Officer-1, Station No. No.1, PAPJM Annexure, Building, 3rd Floor, Greams Road, Chennai - 600 006. ..Respondent PRAYER: 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 No. ZD330824282405A dated 29/08/2024 with detailed order annexed thereto bearing GSTIN : 33AIPPB7042L2Z5/ 2019-20 dated 29/08/2024 passed by the Respondent, quash the same. For Petitioner : Mr.Tr Ramesh For Respondent : Mrs.K.Vasanthamala, Government Advocate.

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.