Ms Rock Traders v. The Deputy Commissioner (St)

ORDER Mrs.K.Vasanthamala, learned Government Advocate 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 Government Advocate for the Respondents.

¶3In this Writ Petition, the Petitioner has challenged the impugned Order dated 26.08.2024, which was preceded by a Show Cause Notice in GST DRC-01 dated 06.05.2024 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 26.08.2024.

¶4The Petitioner was also issued with Reminder on 12.07.2024, which called upon the Petitioner to file a reply and to appear for a personal hearing. The Petitioner however neither filed any reply nor appeared for the personal hearing fixed on 15.07.2024. 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 24.11.2025.

¶6At 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 and he has also made an endorsement to that effect in the Court bundle.

¶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 50% 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 06.05.2024 together with requisite documents to substantiate the case by treating the impugned Order dated

26.08.2024 as an addendum to the Show Cause Notice dated 06.05.2024.

¶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 if any, shall also stand automatically vacated.

¶11It 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.

¶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.

18.02.2026 jas To:

1.The Deputy Commissioner (ST), GST Appeals, Chennai – 1, No.1, PAPJM Buildings (Annexe), 3rd Floor, Greams Road, Chennai – 600 006.

2.The Assistant Commissioner, Chintadripet Assessment Circle, No.1 PAPJM Buildings (Annexe), 1st Floor, Greams Road, Chennai – 600 006.

C.SARAVANAN, J. jas and W.M.P.Nos.5596 and 5603 of 2026

18.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.02.2026 CORAM : THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.5596 and 5603 of 2026 M/s.Rock Traders, Rep by its Proprietor Selvam Divya ... Petitioner Vs. 1.The Deputy Commissioner (ST), GST Appeals, Chennai – 1, No.1, PAPJM Buildings (Annexe), 3rd Floor, Greams Road, Chennai – 600 006. 2.The Assistant Commissioner, Chintadripet Assessment Circle, No.1 PAPJM Buildings (Annexe), 1st Floor, Greams Road, Chennai – 600 006. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 1st Respondent to permit the Petitioner to file an appeal along with a petition for condonation of delay against the order in Form DRC – 07 dated 26.08.2024 for Assessment Year 2019-2020 in Demand ID ZD330824230474H and to consider and dispose of the same on merits in accordance with law. For Petitioner : Mr.J.Balasundar For Respondents : Mrs.K.Vasanthamala Government Advocate