Madras High Court

WP/40629/2026 of M/s.Annapoorna Cotspin Vs The Assistant Commissioner (ST)(FAC) on 13 October 2026

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WP No. 40629 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 40629 of 2026

CNR:{HCMA012287262026}

AND

WMP NO. 45587 & 45588 OF 2026

M/s.Annapoorna Cotspin

Rep. by its Proprietor Amit Jasraj Khandelwal, 65, Vijay Centre, Opp. Lakshmi Vilas Bank, Oppanakara Street, Coimbatore- 641 001.

..Petitioner(s)

Vs

The Assistant Commissioner (ST)(FAC)

R.G.Street Circle, Coimbatore-18.

..Respondent(s)

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Certirorified Mandamus, to call for the records of impugned order dated 22.12.2025 in Form GST DRC-07 bearing Reference No.

ZD331225338262Q along with its annexure of the Respondent passed in Petitioners GSTIN 33AWXPK8579M2ZA for the FY 2021-22 and quash the same to the extent it confirm the demand of Rs.2,32,160/- and further direct the Respondent to pass fresh order after providing an opportunity of personal hearing For Petitioner(s):

Mr.A.Abraham John Samuel

For Respondent(s):

Ms.Amirta Poonkodi Dinakaran, AGP

WP No. 40629 of 2026

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Order

This writ petition has been filed challenging the impugned order dated 22.12.2025 passed by the respondent.

2. Ms.Amirta Poonkodi Dinakaran, learned Additional Government Pleader, 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 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 10% 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. 40629 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 22.12.2025 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 22.12.2025, 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.45588 of 2026 is closed and the

WP No. 40629 of 2026

miscellaneous petition in WMP.No.45587 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 10% 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. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To The Assistant Commissioner (ST)(FAC) R.G.Street Circle, Coimbatore-18.

WP No. 40629 of 2026

KRISHNAN RAMASAMY J. nsa WP No. 40629 of 2026 13-10-2026

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