Madras High Court
WP/41448/2026 of ERAATEX MULTIFIBRE Vs The State Tax Officer on 15 October 2026
WP No. 41448 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 41448 of 2026
CNR:{HCMA012377602026}
AND
WMP NO. 46502 & 46505 OF 2026
Eraatex Multifibre,
Rep by its Partner Mr D.RajKumar
No.1075-B B-BLOCK,
Pioneer Apartment, Avinashi Road,
Coimbatore 641 018
..Petitioner(s)
Vs
1. The State Tax Officer
Avinashi Road Assessment Circle,
Coimbatore-641 018
2. The Appellate Deputy Commissioner GST
Coimbatore
..Respondent(s)
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the connected records pertaining to the impugned proceedings of the 1st respondent herein made in GSTIN
33AABFE0893L2ZD/ 2021-2022 Dated 02.12.2025 and quash the same For Petitioner(s):
Mr.Manoharan Shanmuga Sundaram Servai
For Respondent(s):
Mr.B.Sivaraman, GA
WP No. 41448 of 2026
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Order
This writ petition has been filed challenging the impugned order dated 02.12.2025 passed by the respondent.
2. Mr.B.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. When this matter was taken up for hearing, though the learned counsel for the petitioner made elaborate arguments, he, subsequently, admitted that the impugned order was passed, on merits, after providing sufficient opportunities and thus, he seeks liberty of this Court to file an appeal against the said impugned assessment order. Further, he would submit that the petitioner is ready and willing to pay 5% of the disputed tax amount as additional deposit, over and above the statutory pre-deposit to the respondent. Hence, he requests this Court to pass appropriate orders.
WP No. 41448 of 2026
5. In reply, the learned counsel appearing for the respondent requests this Court to pass any appropriate orders with regard to the filing of appeal on terms.
6. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record.
7. In the case on hand, it was submitted by the learned counsel for the petitioner that now the petitioner is willing to file an appeal against the impugned order dated 02.12.2025 passed by the respondent and he has restricted his relief and requested this Court to grant liberty to the petitioner to file an appeal against the impugned assessment order since it will be sufficient to meet out the case of the petitioner.
8. Therefore, though this petition has been filed challenging the impugned order dated 02.12.2025, considering the submissions made by the petitioner, this Court is inclined to dismiss the present petition by granting liberty to the petitioner to file an appeal against the impugned assessment order.
9. Accordingly, this writ petition is dismissed. No costs. Consequently, the miscellaneous petition in WMP.No.46505 of 2026 is closed and the
WP No. 41448 of 2026
miscellaneous petition in WMP.No.46502 of 2026, which has been filed to dispense with the production of original assessment order, is ordered.
10. While dismissing this petition, this Court grants liberty to the petitioner to file an appeal before the concerned Appellate Authority, subject to the payment of 5% of the disputed tax amount as additional deposit, over and above the statutory pre-deposit, to the respondent within a period of 4 weeks from the date of receipt of copy of this order. In such case, the Appellate Authority shall consider the said appeal, on its own merits and in accordance with law, by providing sufficient opportunity to the petitioner, without pressing for limitation. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To
1. The State Tax Officer Avinashi Road Assessment Circle, Coimbatore-641 018
2. The Appellate Deputy Commissioner GST Coimbatore
WP No. 41448 of 2026
KRISHNAN RAMASAMY J. nsa WP No. 41448 of 2026 AND WMP NO. 46502 OF 2026,WMP NO. 46505 OF 2026 15-10-2026