WP/13914/2026 of Tvl Cherry Precision Products Vs The Deputy Commercial Tax Officer
WP No. 13914 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-04-2026
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN
WP No. 13914 of 2026
and
WMP No.15151 of 2026
Tvl Cherry Precision Products
GSTIN 33AAFFT7361Q1ZK
Represented by its Partner Vittal Rao Suresh
4th Cross Extension,
10/11, Bharathi Nagar,
Coimbatore - 641 006.
..Petitioner(s)
Vs
The Deputy Commercial Tax Officer,
Gandhipuram Assessment Circle,
Coimbatore-641 018
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of Writ of Certiorari, to call for the records pertaining to the
impugned order in Form GST DRC-07 bearing reference no.
ZD331125145990I/2021-22 dated 10.11.2025 issued by the Respondent and
quash the same.
For Petitioner(s): Mr. S.Arvindh
For Respondent(s): Mr. T.N.C. Kaushik,
Additional Government Pleader
https://www.mhc.tn.gov.in/judis
WP No. 13914 of 2026
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ORDER
Mr. T.N.C. Kaushik, learned Additional Government Pleader, takes
notice for the Respondent.
2. This Writ Petition is being disposed of at the stage of admission
itself with the consent of the learned counsel for the Petitioner a nd the learned
Additional Government Pleader for the Respondent.
3. The Petitioner is before this Court against the Impugned Order
dated 10.11.2025, whereby proposal in Show Cause Notice dated 14.08.2025
wherein the Petitioner was called upon to file a reply and to appear for a
personal hearing. However, the Petitioner did not take advantage of the sa me
and has thus, suffered the Impugned Order dated 10.11.2025.
4. It is noticed that the limitation for filing an appeal under Se ction
107 of the respective GST enactments, 2017 against the impugned Order has
already expired long before. However, the present Writ Petition has been filed
only on 07.04.2026.
https://www.mhc.tn.gov.in/judis
WP No. 13914 of 2026
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Page3 of 6
5. At 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
denovo adjudication.
6. The learned counsel for the Petitioner has also made the following
endorsement to that effect in the Court bundle which has been extracted
hereunder:-
“Petitioner undertakes to deposit 25% of disputed tax
demand in the impugned order”
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 t he Show
Cause Notice dated 14.08.2025 together with requisite documents to
substantiate the case by treating the impugned Order dated 10.11.2025 as an
addendum to the Show Cause Notice dated 14.08.2025.
https://www.mhc.tn.gov.in/judis
WP No. 13914 of 2026
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Page4 of 6
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 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/lifted.
10. It is made clear that bank attachment shall be lifted subject 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 ta x period
barring the amount demanded under the Impugned Order.
11. 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.
12. Needless to state, before passing any such order, the Respondent
shall give due notice to the Petitioner.
https://www.mhc.tn.gov.in/judis
WP No. 13914 of 2026
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13. This Writ Petition stands disposed of with the above observations.
No costs. Consequently, the connected miscellaneous petition is also closed.
10-04-2026
Neutral Citation: Yes/No
klt
To
The Deputy Commercial Tax Officer,
Gandhipuram Assessment Circle,
Coimbatore - 641 018.
https://www.mhc.tn.gov.in/judis
WP No. 13914 of 2026
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C.SARAVANAN, J.
klt
WP No. 13914 of 2026
and
WMP No.15151 of 2026
10-04-2026
https://www.mhc.tn.gov.in/judis