Madras High Court

WP/39578/2026 of UMAR FAROOK Vs The State Tax Officer on 9 October 2026

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WP No. 39578 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 39578 of 2026

CNR:{HCMA012167882026}

AND

WMP NO. 44483 OF 2026

Umar Farook

Proprietor of Umar Farook (Limra Agencies), 5, NPM Swamy Layout, KK Pudur, Coimbatore-641 011.

..Petitioner(s)

Vs

The State Tax Officer

Mettupalayam Road Assessment Circle,

Coimbatore.

..Respondent(s)

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Certiorarified Mandamus, calling for the records of the Respondent relating to the Impugned Ex-parte Order dated on 23.12.2025

proceedings in GSTIN 33ADEPU8766G1Z3/2021-22 along with consequential order in DRC-07 with Ref No. ZD331225358431N passed by the Respondent, so far as the Petitioner herein is concerned, quash the same as illegal, invalid, arbitrary and devoid of merits.

For Petitioner(s):

Mr.R.Udhaya Prakash

For Respondent(s):

Ms.Amirta Poonkodi Dinakaran, AGP

WP No. 39578 of 2026

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Order

This writ petition has been filed challenging the impugned order dated 23.12.2025 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. 39578 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 23.12.2025 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 23.12.2025, 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 connected miscellaneous petition is also closed.

WP No. 39578 of 2026

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. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To The State Tax Officer Mettupalayam Road Assessment Circle, Coimbatore.

WP No. 39578 of 2026

KRISHNAN RAMASAMY J. nsa WP No. 39578 of 2026 09-10-2026

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