Madras High Court

WP(MD)/30027/2026 of M/s.Simha Construction Vs The Superintendent of CGST a on 26 October 2026

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WP(MD) No. 30027 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26-10-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 30027 of 2026

CNR:{HCMD011492892026}

AND

M/s.Simha Construction

GSTIN 33ACJFS7546Q2ZP,

Rep. by its Partner N. Ranjith

..Petitioner(s)

Vs

The Superintendent of CGST and Central Excise West Range, Madurai -I Division,3 Floor, No.5

V.P.Rathinasamy Nadar Road.

Bibikulam, Madurai-625002

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records on the file of the respondent in order passed in Order in Original No.

30/2024-GST/SUP/WEST(DIN-20240859ZO00003303D0)

dated

29.08.2024 for the assessment years 2019-20 passed by the respondent under section 73 of TNGST Act 2017 and to quash the same as cryptic, barred by limitation, non speaking, illegal, undue enrichment, without jurisdiction in view of Amended / inserted Section 16(5) of the TNGST

Act 2017 as amended by Finance (No.2) Act 2024 and further direct the respondent to pass an assessment order afresh after affording opportunity

WP(MD) No. 30027 of 2026

of being heard.

For Petitioner(s):

M/s N.Sudalai Muthu

For Respondent(s):

Mr.R.Gowrishankar

Senior Standing Counsel

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ORDER

Order dated 29.08.2024 rejecting the petitioner’s claim for Input Tax Credit solely on the ground of belated filing of the GSTR-3B Returns is assailed in this Writ Petition.

2. Adverting to the impugned order, learned counsel for the petitioner points out that the dates of the filing of relevant GSTR-3B Returns are recorded therein. He also submits that such dates fall within the extended due date under Section 16(5) of the applicable GST statutes.

3. Mr.R.Gowrishankar, learned Senior Standing Counsel, accepts notice for the sole respondent.

4. On examining the impugned order, it is clear that the petitioner filed the relevant GSTR-3B Returns prior to the extended due date under Section 16(5) of the applicable GST statutes. Consequently, the impugned order cannot be sustained and is hereby set aside.

WP(MD) No. 30027 of 2026

5. This Writ Petition is disposed of on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To The Superintendent of CGST and Central Excise West Range, Madurai -I Division,3 Floor, No.5 V.P. Rathinasamy Nadar Road. Bibikulam, Madurai-625002

WP(MD) No. 30027 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 30027 of 2026 AND

26-10-2026

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