Madras High Court
WP/39972/2026 of M/s.A.Ramu contractor Vs The State Tax officer on 9 October 2026
WP No. 39972 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 39972 of 2026
CNR:{HCMA012325022026}
AND
WMP NO. 44905 OF 2026
M/s.A.Ramu contractor
Rep. by its Prop ,Thiru. Arumugam Ramu,
No.55A/73, East Street,
Namakkal District - 638181
..Petitioner(s)
Vs
The State Tax officer
O/o.The Commercial Tax officer
Namakkal(Rural)Assessment circle
Namakkal
..Respondent(s)
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Certiorari, calling for the records relating to the impugned proceedings passed by the Respondent in the order under Section 73 of the TNGST/CGST Act, 2017, vide GSTIN 33AQRPR0436L1ZG/2020-21 dated 19.02.2025, along with the consequential Summary Order issued in FORM GST
DRC-07 bearing Reference No. ZD330225185154L dated 19.02.2025. for the Financial Year 2020-21, to quash the same For Petitioner(s):
Mr.Devanand J R
For Respondent(s):
Mr.R.Sethu Prabakaran, GA
WP No. 39972 of 2026
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Order
This writ petition has been filed challenging the impugned order dated 19.02.2025 passed by the respondent.
2. Mr.R.Sethu Prabakaran, 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 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. 39972 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 19.02.2025 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 19.02.2025, 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. 39972 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 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. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To The State Tax officer O/o.The Commercial Tax officer Namakkal(Rural)Assessment circle Namakkal
WP No. 39972 of 2026
KRISHNAN RAMASAMY J. nsa WP No. 39972 of 2026 AND WMP NO. 44905 OF 2026 09-10-2026