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2026 Supreme(Online)(Mad) 33842

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Tvl. Sivasamy Contractor, Rep by its Proprietor U.Sivasamy – Appellant
Versus
The Deputy State Tax officer -2, Pudukkottai-II Assessment Circle, Pudukkottai – Respondent
W.P(MD)No.8793 of 2026 | W.M.P(MD)No.7135 of 2026



Advocates:
For Petitioner: Mr.A.Satheesh Murugan
For Respondent: Mr.R.Suresh Kumar Additional Government Pleader

Ex-parte GST assessment set aside for fresh hearing on pre-deposit of disputed tax.

Headnote:The petitioner challenged an ex-parte assessment order under Section 74 of the TNGST Act, 2017, issued for Financial Year 2023-24 due to non-availing of opportunities. More than 23% of disputed tax paid. Court found violation of natural justice principles. Issues framed on legality of ex-parte order and adequacy of hearing opportunities. Ratio: Remand warranted for fresh consideration with petitioner to provide reply and evidence, ensuring expeditious disposal. Writ petition allowed; impugned order set aside; matter remanded; bank account freeze lifted.

Table of Content
1. challenge to ex-parte gst assessment order. (Para 2)
2. remand for fresh hearing post pre-deposit. (Para 3 , 4)

ORDER

This writ petition is filed challenging the impugned order dated 12.11.2025. The impugned order is an assessment order passed underSection 74of theTNGST Act, 2017, made ex-parte, as the petitioner did not avail the opportunities.

2. The learned counsel appearing for the petitioner would submit that more than 23% of the disputed tax amount has been paid.

3. Considering the nature of discrepancies and the related submissions, no further conditions are imposed.

4. In view thereof, the writ petition is allowed on the following terms:-

1. The impugned order dated 12.11.2025 is set aside and the matter is remanded back to the file of the respondent for reconsideration.

2.

(ii) The petitioner shall appear before the respondent without fail and file such reply and produce such documentary evidence in support of his claim and the respondent authority shall pass orders fresh in accordance with law, as expeditiously as possible.

(iii) It is made clear that the petitioner shall cooperate for the expeditious determination of the assessment proceedings. The authority shall act upon the web copy of this order without waiting for the certified copy of the order.

(iv) It is also made clear that since the matter is remanded back for fresh disposal, freezing of the petitioner's bank account shall stand raised.

(v) No costs. Consequently, connected miscellaneous petition is closed.

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