Disposed

Tvl.Jeya Traders, v. The Deputy State Tax Officer-2

Madras HC16 Dec 2025WP(MD)/35900/2025

Case brief

AI extract

What is this about?

GST assessment order was passed ex parte after show cause notice and reminders were uploaded only on the GST common portal, without personal hearing. The Court held that officers should also use other service modes under Section 169 GST Act, set aside the order subject to payment of 25% disputed tax, and remanded for fresh hearing.

What did the court decide?

Impugned order dated 18.02.2025 set aside subject to petitioner paying 25% of disputed tax within four weeks; matter remanded for fresh consideration with personal hearing; no costs; miscellaneous pet

Tvl.Jeya Traders, Vs The Deputy State Tax Officer-2 — GST and Indirect Tax | Madras HC (2025)

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W.P.(MD)No.35900 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.12.2025

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CORAM

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THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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W.P.(MD)No.35900 of 2025 & W.M.P.(MD)No.28536 of 2025

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Tvl.Jeya Traders, Rep. by its Proprietor, J.Kingslin Solomon Jebasingh No. 5, Margochis Street Nazareth, Thoothukudi District-628617

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... Petitioner

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Vs.

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The Deputy State Tax Officer-2, Tiruchendur Assessment Circle Thoothukudi District

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... Respondents

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Prayer:

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for records pertaining to the impugned order passed by the Respondent vide his order in GSTIN. 33AYHPK8889L1ZK /2020-21 dated 18.02.2025 and quash the same as it is illegal and in gross violation of Principles of Natural Justice.

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For Petitioner : Mr.A.Satheesh Murugan For Respondent : Mr.R.Suresh Kumar, AGP

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

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W.P.(MD)No.35900 of 2025

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ORDER

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This writ petition has been filed challenging the impugned order

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dated 18.02.2025 passed by the respondent.

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Mr.R.Suresh Kumar, learned Additional Government Pleader, takes notice on behalf of the respondent.

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By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

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The learned counsel for the petitioner would submit that in this case, all notices/communications, viz., show cause notice and the subsequent 3 reminders, were uploaded by the respondent 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 respondent without providing any opportunity of personal hearing to the petitioner. Therefore, this petition has been filed.

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

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W.P.(MD)No.35900 of 2025

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4. Further, he would submit that the petitioner is willing to pay 25% of the disputed tax amount, to the respondent. Hence, he requests this Court to grant an opportunity to the petitioner to present their case before the respondent by setting aside the impugned order.

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5. On the other hand, the learned Additional Government Pleader appearing for the respondent would submit that the 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 order. Therefore, he requested this Court to remit the matter back to the respondent, subject to the payment of 25% of the disputed tax amount as agreed by the petitioner.

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6. Heard the learned counsel for the petitioner and and the learned

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Additional Government Pleader for the respondent and also perused the materials available on record.

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

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W.P.(MD)No.35900 of 2025

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In the case on hand , it is evident that the show cause notice and

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the subsequent 3 reminder notices were uploaded on the GST Portal Tab. According to the petitioner, he was not aware of the issuance of the said show cause notice and the subsequent 3 reminder notices issued through the GST Portal and the original of the said show cause notice and the subsequent reminders were 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.

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8. No doubt, sending notice by uploading in portal is a sufficient service, but, the Officer who is sending the repeated reminders, inspite of the fact that no response from the petitioner to the show cause notices etc., the Officer 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 fulfilling the empty formalities. Merely passing an ex parte order by fulfilling the empty formalities will not serve any useful

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

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W.P.(MD)No.35900 of 2025

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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.

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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 is a lack of opportunities being provided to serve the notices/orders etc., effectively to the petitioner.

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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 respondent. In such view of the matter, this Court is inclined to set aside the impugned order dated 18.02.2025 passed by the respondent. Accordingly, this Court passes the following order:-

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(i) The impugned order dated 18.02.2025 is set aside and the matter is remanded to the respondent for

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

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W.P.(MD)No.35900 of 2025

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fresh consideration on condition that the petitioner shall pay 25% of the disputed tax amount to the respondent within a period of four weeks from the date of receipt of a copy of this order. The setting aside of the impugned order will take effect from the date of payment of the said amount.

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(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.

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(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.

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11. With the above directions, this writ petition is disposed of. No

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costs. Consequently, the connected miscellaneous petitions are also

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closed.

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16.12.2025

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Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa

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

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W.P.(MD)No.35900 of 2025

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The Deputy State Tax Officer-2, Tiruchendur Assessment Circle Thoothukudi District

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

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W.P.(MD)No.35900 of 2025

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KRISHNAN RAMASAMY.J.,

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nsa

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W.P.(MD)No.35900 of 2025 & W.M.P.(MD)No.28536 of 2025

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16.12.2025

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

Tvl.Jeya Traders, v. The Deputy State Tax Officer-2

Case brief

What is this about?

What did the court decide?

Tvl.Jeya Traders, v. The Deputy State Tax Officer-2

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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