Madras High Court

WP/36607/2026 of Ms.Adhava Group of Companies Vs The Assistant Commissioner (ST)/Proper Officer on 21 September 2026

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WP No. 36607 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-09-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No. 36607 of 2026

and W.M.P.Nos.41021 & 41024 of 2026

CNR: {HCMA011883332026}

Ms.Adhava Group of Companies

(Rep. by its Partner MR.Kanna Thilagharajan), No.

19, Unnamed Road/Bharathiyar Road, Amman Nagar/Kalpanalayout, Coimbatore, Tamil Nadu -

641006.

..Petitioner(s)

Vs

The Assistant Commissioner (ST)/Proper Officer, Ganapathy Assessment Circle, Coimbatore.

..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 on the files of the respondent herein in Form GST DRC 07 vide reference No.ZD3312251224014 along with its detailed order vide GSTIN

33ABIFA1326L1ZN/2021-22 both dated 08.12.2025 for the tax period Apr 2021- Mar 2022 quash the same.

For Petitioner(s):

Mr.K.A.Parthasarathy

For Respondent(s):

Ms.G.Dhana Madhri,

Special Government Pleader (Tax)

*********

WP No. 36607 of 2026

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ORDER

An order dated 08.12.2025 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. 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

WP No. 36607 of 2026

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 (1/2) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To The Assistant Commissioner (ST)/Proper Officer, Ganapathy Assessment Circle, Coimbatore.

WP No. 36607 of 2026

SENTHILKUMAR RAMAMOORTHY, J. RNA WP No. 36607 of 2026 and W.M.P.Nos.41021 & 41024 of 2026 21-09-2026 (1/2)

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