Tvl. Nesta, v. The State Tax Officer / the Commercial Tax Officer,

ORDER Mr.R.Parthiban, learned Counsel for State of TN, takes notice for the respondent. This Writ Petition is taken up for final hearing at the time of admission with the consent of the learned counsel for the petitioner and learned Counsel for State of TN for the respondent.

¶3In this Writ Petition, the petitioner has challenged the impugned Assessment Order in GSTIN 33BAGPS9535M1Z2/2021-22 bearing Reference No. ZD3312252977725 dated 18.12.2025 for the assessment year 2021-22 passed by the respondent under section 73 of TNGST Act 2017, which was preceded by a Show Cause Notice in DRC 01 dated 23.05.2025 and the personal hearing notices dated 01.07.2025, 09.07.2025 and 10.10.2025. However, the petitioner had not taken advantage of the same and thus, suffered the Impugned Order dated

18.12.2025.

¶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 21.07.2026.

¶5At 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 de novo adjudication.

¶6The learned counsel for the petitioner has also made an endorsement to that effect in the Court Bundle, which is extracted hereunder:-

"The Writ Petition undertakes to pay 25% of the disputed tax."

¶7In view of the above, the impugned order is quashed and the case is remitted back to the respondent to pass a fresh order subject to the petitioner depositing 25% of the disputed tax in cash 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.

¶8Within such time, the petitioner shall also file a reply to the Show Cause Notice in DRC 01 dated 23.05.2025 together with requisite documents to substantiate the case by treating the Impugned Order dated 18.12.2025 as an addendum to the Show Cause Notice dated 23.05.2025.

¶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.

¶10In 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.

¶11Needless to state, before passing any such order, the respondent shall give due notice to the petitioner.

¶12This Writ Petition stands disposed of, with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Index : Yes / No

27.07.2026 Internet : Yes / No apd To The State Tax Officer / The Commercial Tax Officer, Srirangam Assessment Circle, Commercial Taxes Buildings, Srirangam.

C.SARAVANAN, J.

apd

27.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2026 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.15435 of 2026 Tvl. Nesta, rep. by its Proprietor Sathesh Kumar. ... Petitioner Vs The State Tax Officer / The Commercial Tax Officer, Srirangam Assessment Circle, Commercial Taxes Buildings, Srirangam. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in GSTIN 33BAGPS9535M1Z2/2021-22 bearing Reference No. ZD3312252977725 dated 18.12.2025 for the assessment year 2021-22 passed by the respondent under section 73 of TNGST Act 2017 and to quash the same as cryptic, non-speaking, illegal, arbitrary, wholly without jurisdiction and direct the respondent to pass assessment order afresh after affording opportunity of being heard. For petitioner : Mr. N. Sudalai Muthu For respondent : Mr.R.Parthiban Counsel for State of TN *****