Madras High Court

WP/38351/2026 of M/s.GIRAMANAI GANASEAKARAN KUMAR Vs THE SUPERINTENDENT OF CGST AND CENTRAL EXCISE on 5 October 2026

Cites 0, Cited by 0

WP No. 38351 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 38351 of 2026

CNR:{HCMA011950062026}

AND

WMP NO. 43062 OF 2026,WMP NO. 43066 OF 2026

M/s.GIRAMANAI GANASEAKARAN KUMAR,

Rep by its Proprietor G.G.Kumar,

6/240, GSD Nagar, Ammayarkuppam,

Thiruvallur, Tamil Nadu - 631301

..Petitioner(s)

Vs

The Superintendent Of Cgst And Central Excise, Arakkonam Range,Ranipet Division, No.09,Abdul Majeed Street, Arakkonam-631001

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus call for the entire records of impugned Order-in-Original No.769/2025-GST(Supdt) passed by the respondent herein in GSTIN 33CRWPK0721R1Z6 dated 19.12.2025 vide reference ID.ZD331225308369G for the financial year 2018-2019, to quash the same and consequently direct the respondent to pass a fresh order and this court may be pleased to pass.

For Petitioner(s):

Mr.K.B.Hariharan

For Respondent(s):

Mr.Su.Srinivasan, Senior Panel Counsel and Mr.J.Harikrishnaa, Junior Panel Counsel

Citations and Judicial Treatment

No citing decisions in the index yet

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…

Order

This Writ Petition has been filed challenging the impugned order dated

WP No. 38351 of 2026

19.12.2025 passed by the respondent.

2. Mr. Su. Srinivasan, learned Senior Panel Counsel, takes notice on behalf of the respondent. By consent of both sides, the main Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submitted that all the pre-notice communications were merely uploaded by the respondent under the "View Additional Notices and Orders" tab on the GST common portal. Since the petitioner was unaware of the hosting of the said notices, they failed to file their reply within the stipulated time. Under these circumstances, the impugned order came to be passed by the respondent without affording any opportunity of a personal hearing to the petitioner.

4. The learned counsel for the petitioner further contended that the impugned order was passed without issuing a formal Show Cause Notice in Form GST DRC-01. Referring to the recitals in the impugned order, he submitted that while the respondent claims to have sent an email communicating certain discrepancies followed by a letter dated 02.07.2024, these communications pertained strictly to the pre-notice intimation in Form GST DRC-01A dated 11.07.2024. If the respondent intended to initiate formal adjudication proceedings thereafter, they were statutorily mandated to issue a

WP No. 38351 of 2026

Show Cause Notice under Form GST DRC-01. In the absence of such a notice, the impugned ex-parte order was passed in gross violation of procedure.

5. On the other hand, the learned Special Government Pleader appearing for the respondent submitted that the respondent had duly uploaded the notices on the GST online portal, but the petitioner failed to avail themselves of the opportunity to respond. He further submitted that certain discrepancies were noticed and duly communicated to the taxpayer via their registered email ID on 23.06.2024 and through a letter dated 02.07.2024, to which no reply was filed.

6. Heard the learned counsel on either side and perused the materials available on record.

7. In the case on hand, it is evident that the initial intimations were merely uploaded on the GST portal. According to the petitioner, they were unaware of the issuance of any subsequent show cause notice through the portal, and the original copy of the same was never furnished to them. Though it is claimed by the respondent that an intimation was sent via email, if the respondent intended to proceed further with the assessment, they were legally bound to issue a formal Show Cause Notice in Form GST DRC-01. However, there is no mention in the impugned order regarding the issuance or service of a Form GST DRC-01, either by email or by post. The record only references the

WP No. 38351 of 2026

Form GST DRC-01A communicated via email. Furthermore, the final impugned order was not served on the petitioner through post.

8. It is also submitted by the learned counsel for the petitioner that the petitioner has closed down their business and, therefore, had no occasion to access the portal to verify the issuance of notices. Under these circumstances, this Court is of the view that the impugned assessment order, which confirmed the proposals of the revenue, was passed without issuing a proper Form GST DRC-01 notice and without affording an opportunity of a personal hearing. Such an order, having been passed in violation of the principles of natural justice, is legally unsustainable and liable to be set aside.

9. Accordingly, the impugned order dated 19.12.2025 is set aside, and the matter is remanded to the respondent for fresh consideration on merits. The petitioner is granted liberty to file their detailed reply or objections, along with supporting documents, within a period of three (3) weeks from the date of receipt of a copy of this order.

10. Upon receipt of the petitioner's reply or objections, the respondent shall consider the same and issue a clear 14 days' notice fixing a specific date for a personal hearing. Thereafter, the respondent shall pass appropriate orders on merits and in accordance with law, after affording a meaningful opportunity

WP No. 38351 of 2026

of being heard to the petitioner, as expeditiously as possible.

11. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, W.M.P.No. 43062 of 2026 is ordered, subject to the payment of separate Court fee, and W.M.P.No. 43066 of 2026 is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To The Superintendent Of Cgst And Central Excise, Arakkonam Range,Ranipet Division, No.09,Abdul Majeed Street, Arakkonam-631001

WP No. 38351 of 2026

KRISHNAN RAMASAMY J. SK WP No. 38351 of 2026 AND WMP NO. 43062 OF 2026,WMP NO. 43066 OF 2026 05-10-2026

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead