Tvl. T Vijayakumar, Vs The Deputy State Tax Officer

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records on the file of the respondent in Ref.No.33ABLPV5791M1ZR/2024-25 in Form GST ASMT-13 dated 30.10.2024 for the period August 2024 passed by the respondent under section 62 of TNGST Act 2017 and to

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.26727 of 2025

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quash the same as cryptic, non-speaking, illegal arbitrary, wholly without jurisdiction.

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For Petitioner : Mr.N.Sudalai Muthu

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For Respondent : Mr.J.K.Jeyaselan Government Advocate

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ORDER

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Heard both sides.

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2.The writ petitioner is an assessee coming under the jurisdiction of the respondent. The petitioner failed to file their returns for the month of August 2024. Section 62 of the Tamil Nadu Goods and Service Tax Act, 2017 reads as follows:-

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“ 62.Assessment of non-filers of returns. (1)Notwithstanding anything to the contrary contained in section 73 or section 74, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgment taking into account all the relevant material which is available or which he has gathered and issue an

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https://www.mhc.tn.gov.in/judis

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assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates.

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(2) Where the registered person furnishes a valid return within thirty days of the service of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continue.”

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Invoking the said provision, Form GSTR 3A notice was issued on 24.09.2024. Thereafter, the impugned order was passed on 30.10.2024. While so, the petitioner herein filed their returns belatedly on 29.03.2025. Though the statute prescribes time limit of 60 days for filing the late returns, Courts have held that this time limit is not mandatory. Once the late return has been filed, the order making best judgement assessment is deemed to have been withdrawn. Applying the statutory mandate set out in Section 62(2) of the Act, it is declared that the impugned order stands automatically withdrawn. It is open to the respondent herein to verify the returns filed by the writ petitioner. If there

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is any short-payment, fresh show cause notice can be issued making

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appropriate demand from the assessee. The amount already collected from the writ petitioner shall be adjusted against the petitioner's future liabilities. The attachment made on the writ petitioner's bank account shall stand lifted automatically.

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3.With the aforesaid liberty to the respondent, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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25.09.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No MGA

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To

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The Deputy State Tax Officer, Nagercoil - 2 Assessment Circle, Commercial Taxes Building, Nagercoil.

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