WP/14134/2026 of Everest Blue Metals Vs The Deputy Commercial Tax Officer

WP No. 14134 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-04-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN WP No. 14134 of 2026 and W.M.P.No.15376 of 2026 Everest Blue Metals Represented by its Partner, Mr. R. Munirathinam S/o. Rajagopal, Aged 42 years253/3, Kongarapatti Road, Veppilai Mettur Village/ V.Kongarapatti Taluk, Kadaiyampatti Taluk, Salem - 636351 ..Petitioner(s) Vs The Deputy Commercial Tax Officer Omalur Assessment Cirlce, Office of the Assistant Commissioner (ST), No 2-1, 15th Ward Periya Mariamman Koil Backside, Iswam Building, bazaar Road, Omalur 636 455 ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the records in Reference No. ZD3309251382568 dated 12.09.2025 u/s.73 of the TNGST Act, 2017 along with a summary of the order in Reference No. ZD3309251382568 on the file of the Respondent relating to the period April 2021 to Ma rch 2022 and quash the same For Petitioner(s): Baskar G I.Dinesh Vishnu Sumanth P.M.Kathir A.Nikitha G.Akash https://www.mhc.tn.gov.in/judis WP No. 14134 of 2026 __________ Page2 of 6 For Respondent(s): Mr.C. Harsharaj, Special Government Pleader ORDER Mr.C. Harsharaj , the Special Government Pleader, takes notice on behalf of the Respondent. 2. This Writ Petition is being disposed of at the stage of admission i tself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent. 3. In this Writ Petition, the Petitioner has challenged the impugned Order dated 12.09.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 28.05.2025 wherein the Petitioner was called upon to file a reply and to appear for a personal hearing. However, the Petitioner did not taken advantage of the same and has thus, suffered the impugned Order dated 12.09.2025. 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 alr eady expired long before. The present Writ Petition has been filed only on 08.04.2026. https://www.mhc.tn.gov.in/judis WP No. 14134 of 2026 __________ Page3 of 6 5. At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 2 5% of the disputed tax as a condition for denovo adjudication. 6. The learned counsel for the Petitioner has also made an endorseme nt to that effect in the Court bundle, which is extracted hereunder:- “ On the instruction of the client, the petition agrees to pay 25% of the tax demanded” 7. Recording the above consent, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 25% 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. 8. Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 28.05.2025 together with requisite documents to substantiate the case by treating the impugned Order dated 12.09.2025 as an addendum to the Show Cause Notice dated 28.05.2025. 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 https://www.mhc.tn.gov.in/judis WP No. 14134 of 2026 __________ Page4 of 6 law as expeditiously as possible, preferably, within a period of thr ee (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. 10. It is made clear that bank attachment shall be lifted su bject to the Petitioner depositing 25% of the disputed tax as ordered above and the Petitioner not being in arrears of any other amount for any other t ax period barring the amount demanded under the impugned Order. 11. In case the Petitioner fails to comply with any of the stipul ations, the Respondent is at liberty to proceed against the Petitioner to rec over the tax in accordance with law as if this Writ Petition was dismissed in limine today. 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 obse rvations. No costs. Connected Writ Miscellaneous Petitions are closed. 10-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No smn https://www.mhc.tn.gov.in/judis WP No. 14134 of 2026 __________ Page5 of 6 To The Deputy Commercial Tax Officer Omalur Assessment Cirlce, Office of the Assistant Commissioner (ST), No 2-1, 15th Ward Periya Mariamman Koil Backside, Iswam Building, bazaar Road, Omalur 636 455 https://www.mhc.tn.gov.in/judis WP No. 14134 of 2026 __________ Page6 of 6 C.SARAVANAN, J. smn WP No. 14134 of 2026 and W.M.P.No.15376 of 2026 10-04-2026 https://www.mhc.tn.gov.in/judis