Authority: High Court of Judicature at Madras
Order Date: 16 July 2026
Case Overview
- Petitioners: Shri Shanmugam Hardware, represented by proprietor Ganesan, S/o Muthupalam, filed WP No. 25850 of 2026 and W.M.P. No. 28240 of 2026 seeking certiorari against the Assistant Commissioner of GST and Central Excise, Tambaram Division.
- Respondent: Assistant Commissioner of GST and Central Excise, Tambaram Division.
- The impugned order (Original No. 38/2025‑AC/DC dated 04‑02‑2025) and summary order FORM GST DRC‑07 (Ref. No. ZD330225076074N/2017‑2018 dated 07‑02‑2025) were alleged to have been issued without hearing the petitioner and after the limitation period had expired.
- The Court noted that the petitioner had not been given a reasonable opportunity to contest the tax demand on merits. Government Counsel Mr. R. Sethu Prabakaran appeared for the respondent.
- Counsel for the petitioner agreed to remit 25 % of the disputed tax demand as a condition for remand; this agreement was endorsed in the record.
Final Outcome
- The Court set aside the impugned order.
- The matter is remanded for reconsideration, subject to the petitioner remitting 25 % of the disputed tax demand within thirty (30) days of receipt of the Court’s order.
- A fresh order must be issued within three (3) months from the date of such remittance.
- No order as to costs was made; the connected writ miscellaneous petition is closed.
Topics: GST, Tax Litigation, Judicial Review