Madras High Court

WP/38830/2026 of Marriyammal Agencies Vs The State Tax Officer on 6 October 2026

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WP No. 38830 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 38830 of 2026

CNR: {HCMA012154632026}

and

WMP Nos.43561 and 43562 of 2026

Marriyammal Agencies

(Represented by its Proprietor

Mr.V.Ashok Kumar)

3/329 C, N.A.Vedugathampatti

Thirumalai Giri Post,

Salem-636 307

..Petitioner(s)

Vs

The State Tax Officer,

(Also Known as Commercial Tax Officer) Salem Rural Assessment Circle, Pithcards Road, Hasthampatty, Salem-636 007

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records on the files of the learned Respondent herein in his proceeding in FORM GST DRC-07 with Reference No.

ZD330225107803S dated 12.02.2025, along with a detailed order in GSTIN

33BCGPA8830B1Z7/2020-21dated 12.02.2025 for the tax period APR 2020

MAR 2021 and quash the same.

For Petitioner(s):

Mr.B. Syed Abdul Wakell

For Respondent(s):

Mr.I.Dinesh, AGP

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ORDER

This writ petition has been filed challenging the impugned order dated 12.02.2025 passed by the respondent.

WP No. 38830 of 2026

2. In the present case, both late fee of Rs.2,34,980/- and penalty of Rs.50,000/- have been levied for non-filing of tax returns in time.

3. Learned counsel appearing for the petitioner submitted that imposing of late fee alone is sustainable in law and simultaneously penalty cannot be imposed and suitable orders may be passed.

4. On the similar issue, this court, in Tvl.Jainsons Castors & Industrial Products vs. The Assistant Commissioner (ST) Chennai (2025(2) TMI 1000), has held that the respondent authority can levy only late fee and not penalty.

5. The issue is also considered by this court in M/s.Kandan Hardware Mart vs. The Assistant Commissioner (ST) (FAC) Chennai (2026 (1) TMI 383), wherein it has been held that the question of imposing “General Penalty” under Section 125 of the respective GST Enactments cannot be countenanced in view of the reasons that “General Penalty” under Section 125 of the respective Enactments can be imposed only in the absence of “any other penalty” under Section 125 of the respective Enactments.

6. In view of the above, the impugned order in so far as it imposes penalty of Rs.50,000/- alone is set aside. The petitioner is directed to pay the late fee alone within a period of four weeks from the date of receipt of a copy of this

WP No. 38830 of 2026

order. The writ petition is disposed of accordingly. The connected miscellaneous petitions are closed. There shall be no order as to costs. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssk To The State Tax Officer, (Also Known as Commercial Tax Officer) Salem Rural Assessment Circle, Pithcards Road, Hasthampatty, Salem-636 007

WP No. 38830 of 2026

KRISHNAN RAMASAMY, J. ssk WP No. 38830 of 2026 06-10-2026

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