WP/15104/2026 of M/s. VR Plastic Company Vs The Deputy state tax officer 1
WP No. 15104 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN
WP No. 15104 of 2026
and
WMP Nos. 16310 & 16311 of 2026
M/s. VR Plastic Company
Represented by its Partner VS Rushabh
981, Mettupalayam Road, R.S.Puram,
Coimbatore 641001
..Petitioner(s)
Vs
The Deputy State Tax Officer 1
Office of the Deputy Commercial Tax Officer,
R.S.Puram Assessment Circle, Coimbatore.
..Respondent(s)
Writ Petition filed is under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorari, to call for the records of the
Respondent in the Impugned Order in GSTIN 33AACFV6733D1ZE along with
consequential order in form DRC-07 bearing a Ref No ZD331125124209S
dated 07.11.2025 for the year 2021-2022 and quash the same as it is being
contrary to the provision of CGST Act, 2017.
For Petitioner(s): Mr. K. Vignesh Kumar
For Respondent(s): Mr. V. Prashanth Kiran,
Government Advocate
ORDER
Mr. V. Prashanth Kiran, learned Government Advocate, takes notice for
the Respondent.
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WP No. 15104 of 2026
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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
Government Advocate for the Respondent.
3. In this Writ Petition, the Petitioner has challenged the Impugned
Order dated 07.11.2025, which was preceded by a Show Cause Notice in Form
GST DRC – 01, dated 08.08.2025, 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 same and has thus suffered the Impugned Order date d
07.11.2025.
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 15.04.2026.
5. At this stage, the learned counsel for the Petitioner submits that the
Petitioner is willing to pre-deposit 25% of the disputed tax 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
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hereunder:-
“We are ready to pay the 25% of the disputed tax and
remand back the matter to the proper officer.”
7. Recording the above submission, 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 08.08.2025 together with requisite documents to
substantiate the case by treating the impugned Order dated 07.11.2025 as an
addendum to the Show Cause Notice dated 08.08.2025.
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
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.
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WP No. 15104 of 2026
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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.
13. This Writ Petition stands disposed of with the above observations.
No costs. Consequently, connected miscellaneous petitions are also closed.
21-04-2026
Neutral Citation: Yes/No
klt
https://www.mhc.tn.gov.in/judis
WP No. 15104 of 2026
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To
The Deputy State Tax Officer 1
Office of the Deputy Commercial Tax Officer,
R.S.Puram Assessment Circle,
Coimbatore.
https://www.mhc.tn.gov.in/judis
WP No. 15104 of 2026
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C.SARAVANAN, J.
klt
WP No. 15104 of 2026
and
WMP Nos. 16310 & 16311 of 2026
21-04-2026
https://www.mhc.tn.gov.in/judis