Madras High Court

WP/36581/2026 of Tvl.Sri Gayathri Metal Vs Assistant Commissioner(ST)(FAC) on 21 September 2026

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WP No. 36581 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-09-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No. 36581 of 2026

and W.M.P.Nos.40995 & 40996 of 2026

CNR: {HCMA012114982026}

Tvl.Sri Gayathri Metal

(Rep by Harish Kumar-proprietor)

68, Laxmi Garden, Athipalayam Road, Near CRI

Pump, Coimbatore,

Tamil Nadu 641049.

(GSTIN.33AWHPC4931D1Z2)

..Petitioner(s)

Vs

Assistant Commissioner(ST)(FAC)

Annur Assessment circle,

Coimbatore Division

Avinashi Road, Annur

coimbatore-641 653, Tamilnadu

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the Impugned Order in GSTIN 33AWHPC4931D172/2024-25

dated 08.08.2025, along with the summary order in Form GST DRC-07 bearing Reference No. ZD3308250748812 dated 08.08.2025, 1ssued by the Respondent under the Central Goods and Services Tax Act, 2017, quash the same.

For Petitioner(s):

M/s.Udaya Surya H

WP No. 36581 of 2026

For Respondent(s):

Ms.G.Dhana Madhri,

Special Government Pleader (Tax)

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ORDER

An order dated 08.08.2025 is assailed on the ground that the petitioner did not have a reasonable opportunity to contest the tax demand on merits.

2. Ms.G.Dhana Madhri, learned Special Government Pleader (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. On instructions, learned counsel for the petitioner agrees to remit 25% of the disputed tax demand as a condition for remand. An endorsement to that effect has been made on the bundle.

5. Subject to the condition that the petitioner remits 25% of the disputed tax demand within thirty days from the date of receipt of a copy of this order, the impugned order is set aside and the matter is remanded for re-consideration.

WP No. 36581 of 2026

After providing a reasonable opportunity to the petitioner, a fresh order shall be issued within three months from the date of remittance of 25% of the disputed tax demand. Subject to fulfilment of this condition, the bank attachment relating to the impugned order shall be raised.

6. 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. 21-09-2026 (3/4) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To Assistant Commissioner(ST)(FAC) Annur Assessment circle, Coimbatore Division Avinashi Road, Annur coimbatore-641 653 Tamilnadu

WP No. 36581 of 2026

SENTHILKUMAR RAMAMOORTHY, J. RNA WP No. 36581 of 2026 and W.M.P.Nos.40995 & 40996 of 2026 21-09-2026 (3/4)

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