Madras High Court

WP/37415/2026 of Jamal Protien Vs State Tax officer on 28 September 2026

Cites 0, Cited by 0

WP No. 37415 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-09-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No. 37415 of 2026

and W.M.P.Nos.42006 & 42007 of 2026

CNR: {HCMA012169272026}

Jamal Protien,

Represented by its Proprietor,

Mr Sheik Badusha, No 307 Junction Road,

Virudhachalam, Cuddalore

Tamilnadu-606 001

..Petitioner(s)

Vs

State Tax officer

Virudhachalam Assessment circle

Commercial Taxes complex,

Ulundurpet Road, Near Railway Flyover,

Virudhachalam, Cuddalore

Tamilnadu-606 001

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari, to call for the impugned order of the respondent passed in GSTIN 33DNHPS4047A2Z7/2021-22 dated 14-11- 2025 and quash the same.

For Petitioner(s):

Mr.Jawahar Surya

For Respondent(s):

Mr.R.Sethu Prabakaran,

Government Advocate (Tax)

**********

WP No. 37415 of 2026

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

An order dated 14.11.2025 is assailed on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand on merits.

2. Mr.R.Sethu Prabakaran, learned Government Advocate (Tax), accepts notice on behalf of the respondent.

3. On perusal of the impugned order, it is evident that such order was issued without hearing the petitioner. The writ petition has been filed after the period of limitation expired.

4. Learned counsel for the petitioner submits that 100% of the tax demand under the impugned order was recovered. He relies on the electronic liability ledger in this regard.

5. In addition to other confirmed tax proposals, it appears that late fee and penalty for assessment period 2021-2022 was imposed under the impugned order. Since such late fee and penalty was also imposed under order dated 28.07.2025, which form, the subject of W.P.No.37418 of 2026, the impugned order is quashed insofar as late fee and penalty is concerned.

WP No. 37415 of 2026

6. Subject to verifying and confirming that the entire tax demand under the impugned order was recovered, the impugned order is set aside as regards all issues, other than late fee and penalty, so as to provide a reasonable opportunity to the petitioner to contest the tax proposals on merits and the matter is remanded for re-consideration. After providing a reasonable opportunity to the petitioner, a fresh order shall be issued within five months from the date of confirming the above mentioned recovery. Subject to fulfilment of this condition, the bank attachment, if any, relating to the impugned order shall be raised.

7. The writ petition is disposed of on the above terms. Consequently, connected writ miscellaneous petitions are closed. There shall be no order as to costs. 28-09-2026 (1/5) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To State Tax officer, Virudhachalam Assessment circle, Commercial Taxes complex, Ulundurpet Road, Near Railway Flyover, Virudhachalam, Cuddalore, Tamilnadu-606 001

WP No. 37415 of 2026

SENTHILKUMAR RAMAMOORTHY, J. RNA WP No. 37415 of 2026 and W.M.P.Nos.42006 & 42007 of 2026 28-09-2026 (1/5)

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