Madras High Court
WP/37622/2026 of SRI AZHAGU NACHIAMMAN MODERN RICE MILL Vs DEPUTY STATE TAX OFFICER on 5 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 37622, 37623, 37625 & 37624 of 2026
CNR:{HCMA012160082026}
AND WMP NO. 42241, 42243, 42245 & 42247 OF 2026
WP No. 37622 of 2026
CNR:{HCMA012160412026}
Sri Azhagu Nachiamman Modern Rice Mill,
44/4, Pasungayamangalam Road,
Kallakurichi, Viluppuram District,
Pin - 606 202, represented by its managing Partner Mr. K. Gnanavel
..Petitioner(s)
Vs
1. Deputy State Tax Officer,
Kallakurichi Assessment Circle,
No.103/5, Nepal Street, Kallakurichi
2. State Tax Officer,
Kallakurichi Assessment Circle,
No.103/5, Nepal Street, Kallakurichi
..Respondent(s)
CNR:{HCMA012160452026}
Sri Azhagu Nachiamman Modern Rice Mill,
44/4, Pasungayamangalam Road,
Kallakurichi, Viluppuram District,
Pin - 606 202, represented by its managing Partner Mr. K. Gnanavel
..Petitioner(s)
Vs
1. Deputy State Tax Officer-2,
Kallakurichi Assessment Circle,
No.103/5, Nepal Street, Kallakurichi
2. State Tax Officer,
Kallakurichi Assessment Circle,
No.103/5, Nepal Street, Kallakurichi
..Respondent(s)
WP No. 37625 of 2026
CNR:{HCMA012160492026}
Sri Azhagu Nachiamman Modern Rice Mill,
44/4, Pasungayamangalam Road,
Kallakurichi, Viluppuram District,
Pin - 606 202, represented by its managing Partner Mr. K. Gnanavel
..Petitioner(s)
Vs
1. Deputy State Tax Officer-1,
Kallakurichi Assessment Circle,
No.103/5, Nepal Street, Kallakurichi
2. State Tax Officer,
Kallakurichi Assessment Circle,
No.103/5, Nepal Street, Kallakurichi
..Respondent(s)
CNR:{HCMA012160512026}
Sri Azhagu Nachiamman Modern Rice Mill,
44/4, Pasungayamangalam Road,
Kallakurichi, Viluppuram District,
Pin - 606 202, represented by its managing Partner Mr. K. Gnanavel
..Petitioner(s)
Vs
State Tax Officer,
Kallakurichi Assessment Circle,
No. 103/5, Nepal Street, Kallakurichi.
..Respondent(s)
Common Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order bearing Reference No. ZD331225177899S dated 12/12/2025 with detailed order annexed thereto bearing Order No 33ABXFS4289F1ZJ /2021-22 dated 11/12/2025 passed by the First Respondent and the consequential issue of Form GST DRC-16 dated 23/07/2026 passed by the Second Respondent, quash the same for the records relating to the impugned order bearing Reference No.ZD330625035165Lwith detailed order annexed thereto bearing Order No.
33ABXFS4289F1ZJ /2021-22 dated 04/06/2025 passed by the First Respondent and the consequential issue of Form GST DRC-16 dated 23/07/2026 passed by the Second Respondent, quash the same calling for the records relating to the impugned order bearing Reference No. ZD330825175053F with detailed order annexed thereto bearing Order No 33ABXFS4289F1ZJ /2022-23 DATED 18/08/2025 passed by the First Respondent and the consequential issue of Form GST DRC-16 dated 23/07/2026 passed by the Second Respondent, quash the same calling for the records relating to the impugned order bearing Reference No. ZD330725361787W with detailed order annexed thereto bearing Order No 33ABXFS4289F1ZJ /2022-23 dated 31/07/2025 passed by the and the consequential issue of Form GST DRC-16 dated 23/07/2026 passed by the Respondent, quash the same For Petitioner(s):
Mr.Tr Ramesh
For Respondent(s):
Ms.Amirta Poonkodi Dinakaran, AGP
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Common Order
These writ petitions have been filed challenging the orders dated 11.12.2025, 04.06.2025, 31.07.2025 & 18.08.2025 passed by the 1st respondent and consequential notices dated 23.07.2026.
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 petitions are taken up for disposal at the admission stage itself.
4. The learned counsel for the petitioner would submit that in these cases, all notices/communications were uploaded by the respondent in the GST common portal. Since the petitioner had failed to view the portal, they were not aware of the said notices, due to which, they failed to file their reply within the time. Under these circumstances, the impugned orders came to be passed by the respondent without providing any opportunity of personal hearing to the petitioner. Hence, this petition has been filed.
5. Further, he would submit that the petitioner is ready and willing to pay 25% of the disputed tax amount to the respondent in each petitions. Hence, he requests this Court to grant an opportunity to the petitioner to present their case before the respondent by setting aside the impugned orders.
6. On the other hand, the learned counsel appearing for the respondent would submit that the respondent had uploaded the notices in the GST Online Portal. But the petitioner failed to avail the said opportunity. Further, she has fairly admitted that no opportunity of personal hearing was provided to the petitioner prior to the passing of impugned order. Therefore, she requested this Court to remit the matter back to the respondent, subject to the payment of 25% of the disputed tax amount by the petitioner.
7. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record.
8. In the cases on hand, it is evident that the show cause notice was uploaded on the GST Portal Tab. According to the petitioner, he was not aware of the issuance of the said show cause notice issued through the GST Portal and the original of the said show cause notice was not furnished to them. In such circumstances, this Court is of the view that the impugned assessment order came to be passed without affording any opportunity of personal hearing to the petitioner, confirming the proposals contained in the show cause notice.
9. No doubt, sending notice by uploading in portal is a sufficient service, but, the Officer, who is sending the repeated reminders, despite the fact that no response from the petitioner to the show cause notices etc., should have applied his/her mind and explored the possibility of sending notices by way of other modes prescribed in Section 169 of the GST Act, which are also the valid mode of service under the Act, otherwise it will not be an effective service, rather, it would only amount to fulfilling the empty formalities. Merely passing an ex parte order by fulfilling the empty formalities will not serve any useful purpose and the same will only pave way for multiplicity of litigations, not only wasting the time of the Officer concerned, but also the precious time of the Appellate Authority/Tribunal and this Court as well.
10. Thus, when there is no response from the tax payer to the notice sent through a particular mode, the Officer who is issuing notices should strictly explore the possibilities of sending notices through some other mode as prescribed in Section 169(1) of the Act, preferably by way of RPAD, which would ultimately achieve the object of the GST Act. Therefore, this Court finds that there has been lack of efforts in exploring the available opportunities to serve the notices/orders etc., effectively on the petitioner.
11. Further, it was submitted by the learned counsel for the petitioner that the petitioner is ready and willing to pay 25% of the disputed tax amount to the respondent in each petitions. In such view of the matter, this Court is inclined to set aside the impugned orders dated 11.12.2025, 04.06.2025, 31.07.2025 & 18.08.2025 passed by the 1st respondent. Accordingly, this Court passes the following order:-
(i) The impugned orders dated 11.12.2025, 04.06.2025, 31.07.2025 & 18.08.2025 are set aside and the matters are remanded to the 1st respondent for fresh consideration on condition that the petitioner shall pay 25% of disputed tax amount to the respondents, in each petitions within a period of four weeks from the date of receipt of a copy of this order. The setting aside of the impugned orders will take effect from the date of payment of the said amount.
(ii) The petitioner shall file their reply/objection along with the required documents, if any, within a period of three weeks from the date of payment of amount as stated above.
(iii) On filing of such reply/objection by the petitioner, the respondent shall consider the same and issue a 14 days clear notice, by fixing the date of personal hearing, to the petitioner and thereafter, pass appropriate orders on merits and in accordance with law, after hearing the petitioner, as expeditiously as possible.
(iv) Considering the fact that the impugned orders itself have been set aside, this Court is of the opinion that the attachment made by the 2nd respondent vide consequential notices dated 23.07.2026 cannot survive any longer. As a sequel, the 2nd respondent is directed to lift the attachment, immediately upon the production of a copy of this order along with the proof with regard to the payment made by the petitioner as stated above.
12. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To
1. Deputy State Tax Officer-1, Kallakurichi Assessment Circle,No.103/5, Nepal Street, Kallakurichi
2. State Tax Officer, Kallakurichi Assessment Circle, No.103/5, Nepal Street, Kallakurichi
KRISHNAN RAMASAMY J. nsa WP No. 37622, 37623, 37625, 37624 of 2026 05-10-2026 (2/4)