WP/44430/2026 of Sony Borewells Vs The Assistant Commissioner(ST) on 2 November 2026

COMMON ORDER

The present Writ Petitions have been filed challenging the orders dated 28.08.2024, 25.04.2024 and 19.06.2025 along with the respective summary of the order issued in Form DRC-07, passed by the first respondent.

2. Mr. I. Dinesh, learned Additional Government Pleader (Taxes) takes notice on behalf of the respondents. By consent of the parties, the main Writ Petitions are taken up for disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that in these cases, all notices/communications were uploaded by the first respondent under the “View Additional Notices and Orders” column in the GST common portal. Since the petitioner was not aware of the said notices, they failed to file their reply within the time. Under these circumstances, the impugned order came to be passed by the first respondent without providing any opportunity of personal hearing to the petitioner. Therefore, these petitions have been filed.

4. Further, she would submit that the petitioner is voluntarily willing to pay 25% of the disputed tax amount to the first respondent in respect of each assessment order. To that effect, she has also made an endorsement in the Court bundle. Hence, she requests this Court to grant an opportunity to the petitioner to present their case before the first respondent by setting aside the impugned orders.

5. On the other hand, the learned Additional Government Pleader appearing for the respondent would submit that the first respondent had uploaded the notices in the GST Online Portal. But the petitioner failed to avail the said opportunity. Further, he has fairly admitted that no opportunity of personal hearing was provided to the petitioner prior to the passing of impugned orders. Therefore, he requested this Court to remit the matters back to the first respondent, subject to the payment of 25% of the disputed tax amount by the petitioner.

6. Heard the learned counsel for the petitioner and the Additional Government Pleader for the respondent and also perused the materials available on record.

7. In the case 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.

8. 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 there is 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.

9. 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 a lack of effort in applying the available opportunities to serve the notices/orders etc., effectively to the petitioner.

10. Further, it was submitted by the learned counsel for the petitioner that the petitioner is willing to pay 25% of the disputed tax amount to the first respondent in respect of each assessment order. In such view of the matter, this Court is inclined to set aside the impugned orders dated 28.08.2024, 25.04.2024

and 19.06.2025 passed by the first respondent. Accordingly, this Court passes the following order:-

(i) The impugned orders dated 28.08.2024, 25.04.2024 and 19.06.2025 along with the respective summary of the order issued in GST DRC-07, are set aside and the matters are remanded to the first respondent for fresh consideration on condition that the petitioner pays 25% of disputed tax amount to the first respondent in respect of each assessment order, within a period of four (4) 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. In the event, any amount is already recovered or deposited, the petitioner is granted liberty to adjust the said amount while making payment of 25% of the disputed tax 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.

11. With the above directions, these Writ Petitions are disposed of. No costs. W.M.P.Nos.49851, 49861 and 49863 of 2026 filed to dispense with the production of the original impugned orders, are allowed. Consequently, the connected Miscellaneous Petitions are also closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Asi To

1. The Assistant Commissioner(ST)(FAC) also known as the Commercial Tax Officer, Namakkal Rural Circle, Namakkal

2. The Deputy Commissioner ST Namakkal

3. The Assistant Commissioner ST Namakkal Rural Circle, Namakkal

KRISHNAN RAMASAMY J. Asi WP Nos. 44430, 44434 and 44435 of 2026 and WMP Nos.49851, 49853, 49855 , 49861, 49864, 49867, 49863, 49866 and 49868 of 2026 02-11-2026