WP/12517/2026 of Balaji Tooling Vs Deputy State Tax Officer 1
W.P.No.12517 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2026
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.12517 of 2026
and
W.M.P.Nos.13696 and 13697 of 2026
Balaji Tooling,
Represented by its Proprietor
R.Arun Balaji ... Petitioner
Vs.
Deputy State Tax Officer-1,
Kundrathur Assessment Circle,
No.4/109, Integrated GST Building,
Chennai-Bangalore Highway,
Varadharajapuram,
Nazarathpet,
Poonamallee – 600 123. ... 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 re cords of
impugned order under Section 73 dated 20.02.2025 having reference number
ZD330225201996G passed by the Respondent for the financial year 2020-
2021 and quash the same as illegal, erroneous on facts and violative of
principles of Natural Justice and pass such other or further orders as m ay
deem fit and proper in the circumstances of this case and thus re nder justice
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W.P.No.12517 of 2026
and consequently direct the respondent to consider the matter afresh on
merits after providing an opportunity of personal hearing.
For Petitioner : Mr.V.Parthiban
For Respondent : Mr,V,Prashanth Kiran
Government Advocate
ORDER
Mr.V.Prashanth Kiran, learned Government Advocate takes notice
for the Respondent.
2. This Writ Petition is being disposed of at the time of admission
with the consent of the learned counsel for the Petitioner and the le arned
Government Advocate for the Respondent.
3. In this Writ Petition, the Petitioner has challenged the impugned
Order in FORM GST DRC-07 bearing Ref.No.ZD330225201996G dated
20.02.2025 of the Respondent, which was preceded by a Show Cause Notice
in GST DRC-01 dated 12.11.2024 wherein the Petitioner was also called
upon to appear for personal hearing. However, the Petitioner had not ta ken
advantage of the same and thus, suffered the impugned Order dated
20.02.2025.
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W.P.No.12517 of 2026
4. It 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 26.03.2026.
5. At this stage, the learned counsel for the Petitioner submits that
the Petitioner is willing to pre-deposit 25% of the disputed tax a s a condition
for de novo adjudication.
6. The learned counsel for the Petitioner has also made an
endorsement to that effect in the Court Bundle, which is extracted hereunder:-
“Petitioner is willing to deposit 25% of
disputed tax amount.”
7. Recording the same, 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 wit hin a period of
thirty (30) days from the date of receipt of a copy of this order.
8. Within such time, the Petitioner shall also file a reply to the
Show Cause Notice in Show Cause Notice in GST DRC-01 dated 12.11.2024
together with requisite documents to substantiate the case by treat ing the
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W.P.No.12517 of 2026
impugned Order dated 20.02.2025 as an addendum to the Show Cause Notice
dated 12.11.2024.
9. In case the Petitioner complies with the above stipulations, the
Respondent shall proceed to pass a final order on merits and in acc ordance
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 Petitione r
shall also stand automatically vacated.
10. It is made clear that bank attachment shall be lifted subjec t to
the deposit of 25% of the disputed tax as ordered above and the Petitioner not
being in arrears of any other amount for any other tax period barri ng the
amount demanded under the impugned Order.
11. In case the Petitioner fails to comply with any of the
stipulations, the Respondent is at liberty to proceed against the Pet itioner to
recover the tax in accordance with law as if this Writ Pet ition was dismissed
in limine today.
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W.P.No.12517 of 2026
12. Needless to state, before passing any such order, the
Respondent shall give due notice to the Petitioner.
13. This Writ Petition stands disposed of with the above
observations. No costs. Connected Writ Miscellaneous Petitions are closed.
02.04.2026
Neutral Citation : Yes / No
arb
To:
Deputy State Tax Officer-1,
Kundrathur Assessment Circle,
No.4/109, Integrated GST Building,
Chennai-Bangalore Highway,
Varadharajapuram,
Nazarathpet,
Poonamallee – 600 123.
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W.P.No.12517 of 2026
C.SARAVANAN, J.
arb
W.P.No.12517 of 2026
and
W.M.P.Nos.13696 and 13697 of 2026
02.04.2026
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