Madras High Court

WP/41267/2026 of Balasubramanian Vs The Commissioner of Commercial Taxes on 15 October 2026

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WP No. 41267 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 41267 of 2026

CNR:{HCMA012283542026}

AND

WMP NO. 46298 OF 2026

Balasubramanian

S/O.Sivadass

Proprietor of Udhayam Traders,

GSTIN No.33AYHPB5424C1Z3

15/6, 1st street, Dharansingh Colony,

Vadapalani, Chennai, Tamilnadu-600 026

..Petitioner(s)

Vs

1. The Commissioner of Commercial Taxes

Commercial Taxes Department

2nd floor, Ezhilagam

chepauk chennai-600 005

2. The Deputy commissioner (CT)

Commercial Taxes Department

2nd floor, Ezhilagam

chepauk chennai-600 005

3. The State Tax officer(ST)

Vadapalani Assessment circle

No.01, PAPJAM Annex buildings

Greams road chennai-600 006

..Respondent(s)

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned FORM GST APL-02 dated 25.08.2026 passed by 2nd respondent bearing Reference No. ZD3308262292378 and quash the same, and consequently direct the 3rd Respondents to reconsider the DRC-07 order

WP No. 41267 of 2026

bearing Reference NO.ZD331225080705H dated 5.12.2025 on merits and in accordance with law For Petitioner(s):

Mr.P.Tamilalagan

For Respondent(s):

Mr.B.Sivaraman, GA

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Order

This writ petition has been filed challenging the order dated 25.08.2026 passed by the 2nd respondent.

2. Mr.R.Sivaraman, learned Government Advocate, takes notice on behalf of the respondent.

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the assessment order dated 05.12.2025 came to be passed by the 3rd respondent. Aggrieved over the said assessment order, the petitioner filed an appeal on 17.07.2026 with a delay of 134 days beyond the condonable period. According to the petitioner, the said delay of 134 days had occurred only due to the fault of

WP No. 41267 of 2026

the part of the petitioner’s consultant. Since the said delay is beyond the condonable period, the appeal was rejected by the respondent, vide impugned rejection order dated 25.08.2026, on the aspect of limitation. Hence, this writ petition has been filed.

5. Further, he would submit that the petitioner had already paid 10% towards statutory pre-deposit while filing the appeal and now, he is willing to pay additional 10% of disputed tax amount to the respondent. Therefore, he requests this Court to condone the delay in filing the appeal.

6. On the other hand, the learned counsel appearing for the respondents would submit that though all the notices and orders were duly uploaded by the respondents, the petitioner had failed to file the appeal in time. Hence, he would contend that the said delay has occurred only due to the fault on the part of the petitioner and requests this Court to pass appropriate orders.

7. Heard the learned counsel for the petitioner and the respondents and also perused the materials available on record.

WP No. 41267 of 2026

8. In the case on hand, initially, the assessment order came to be passed on 05.12.2025. Aggrieved over the same, an appeal was belatedly preferred by the petitioner on 17.07.2026, i.e., with a delay of 134 days. Since the delay was beyond the condonnable period, the said appeal was rejected by the respondent vide impugned order dated 25.08.2026. According to the petitioner, due to fault on the part of the petitioner’s consultant, they were unable to file the appeal within time.

9. The above reason assigned by the petitioner, for the delay in filing the appeal against the assessment order, appears to be genuine. In such view of the matter, this Court is inclined to condone the delay, in filing the appeal against the impugned assessment order on terms.

10. Therefore, though the petitioner had already paid 10% of the disputed tax amount as statutory pre-deposit while filing the appeal, considering the delay, this Court directs the petitioner to pay additional 10% of the disputed tax amount to the respondents, as agreed by the petitioner. Accordingly, this Court passes the following order:-

(i) Accordingly, the appeal rejection order dated 25.08.2026 passed by the 2nd respondent is set aside and the delay of 134 days in filing the appeal before the respondent is

WP No. 41267 of 2026

hereby condoned, subject to the payment of additional 10% of the disputed tax amount, over and above the statutory pre- deposit already paid by the petitioner, to the respondents.

(ii) Upon payment of said amount, the 2nd respondent- Appellate Authority is directed to take the appeal on record and pass appropriate orders on merits and in accordance with law, after providing sufficient opportunity to the petitioner, as expeditiously as possible.

11. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To

1. The Commissioner of Commercial Taxes Commercial Taxes Department 2nd floor, Ezhilagam chepauk chennai-600 005

2. The Deputy commissioner (CT) Commercial Taxes Department 2nd floor, Ezhilagam chepauk chennai-600 005

3. The State Tax officer(ST) Vadapalani Assessment circle No.01, PAPJAM Annex buildings Greams road chennai-600 006

WP No. 41267 of 2026

KRISHNAN RAMASAMY J. nsa WP No. 41267 of 2026 AND WMP NO. 46298 OF 2026 15-10-2026

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