WP/13691/2026 of M/s. Shri Hari Agencies Vs The Deputy State Tax Officer 1 (ST)
W.P.No.13691 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2026
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.13691 of 2026
and
W.M.P.Nos.14975 & 14977 of 2026
M/s. Shri Hari Agencies,
Represented by its Proprietor Mr.Pattabiraman,
No.227-B, Thiruvannamalai Road,
Krishnagiri – 635001. ... Petitioner
Vs.
The Deputy State Tax Officer – 1 (ST),
Krishnagiri-I Assessment Circle,
Krishnagiri – 635001. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorari, calling for the connected recor ds pertaining
to the impugned proceedings of the Respondent herein made in
Reference No.33BFTPP1381J1Z0/2019-20 dated 19.09.2025 and quash the
same as illegal, arbitrary.
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W.P.No.13691 of 2026
For Petitioner : M/s.P.Velammal
For Respondent : Mrs.P.Selvi
Government Advocate
ORDER
Mrs.P.Selvi, learned Government Advocate, takes notice for the
respondent.
2. With the consent of the learned counsel for the petitioner and the
learned Government Advocate for the respondent, this writ petition is being
disposed of at the time of admission.
3. In this Writ Petition, the petitioner has challenged the impugned
Order dated 19.09.2025 passed under Section 74 of the respective GST
enactments for the tax period 2019-2020.
4. By the impugned order, the demand proposed in the Show Cause
Notice (DRC-01) dated 30.05.2024 was confirmed, as the petitioner faile d to
reply to the said notice.
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W.P.No.13691 of 2026
5. It is noticed that the statutory limitation for filing an a ppeal under
Section 107 of the respective GST enactments against the impugned order
has already expired. The present writ petition has been filed only on
06.04.2026.
6. The learned counsel for the petitioner would submit that the
petitioner is willing to deposit 25% of the disputed tax confirmed by the
impugned order, and therefore, the learned counsel seeks one opportunity for
de novo adjudication. The learned counsel also made an endorsement in the
bundle to the following effect:
“The petitioner is agreed to pay 25% of the imputed tax amount”
7. The Learned Government Advocate for the respondent would
submit that she has no objection to the same, subject to the petitioner
depositing the aforementioned amount.
8. Recording the above consent of the learned counsel for the petitioner
and the Learned Government Advocate for the respondent, the case is
remitted back to the respondent to pass a fresh order on merits, subject to the
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W.P.No.13691 of 2026
petitioner depositing 25% of the disputed tax, either in cash or from the
Petitioner's Electronic Cash Register, within a period of thirt y (30) days from
the date of receipt of a copy of this order.
9. Within such time, the petitioner shall also file a reply to the
impugned Show Cause Notice dated 30.05.2024, along with the requisite
documents to substantiate their case, treating the impugned Order dated
19.09.2025 as an addendum to the said notice.
10. Subject to the petitioner complying with the above stipulations, the
respondent shall proceed to pass fresh order on merits and in accordance with
law, as expeditiously as possible, preferably within a period of t hree (3)
months of such reply / pre-deposit.
11. It is needless to state that, before passing any such order, the
petitioner shall be heard.
12. The attachment of the petitioner’s bank account shall also stand
automatically raised/vacated, subject to the petitioner complying w ith the
above stipulations.
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W.P.No.13691 of 2026
13. 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.
14. In case the petitioner fails to comply with any of the stipula tions,
the respondent is at liberty to proceed against the petitioner to r ecover the tax
in accordance with law as if this writ petition was dismissed in limine today.
15. This writ petition stands disposed of with the above directions.
Consequently, connected miscellaneous petitions are closed. No costs.
09.04.2026
raja
Neutral Citation : Yes / No
To
The Deputy State Tax Officer – 1 (ST),
Krishnagiri-I Assessment Circle,
Krishnagiri – 635001.
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W.P.No.13691 of 2026
C.SARAVANAN, J.
raja
W.P.No.13691 of 2026
09.04.2026
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