M/s.Jammi Pharmaceuticals Private Limited Vs The Superintendent Range -Ii

¶1

WP No. 8173 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 03-03-2026

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE C. SARAVANAN

¶6

WP No. 8173 of 2026 and WMP Nos.8849 and 8853 of 2026

¶7

M/s.Jammi Pharmaceuticals Private Limited Rep by its Director Narasimham V Jammi, 2nd Floor, Old No.20/ New. No.14/Flat No.28, Abhirami apartments, Dr.Nari Road, Vurve Signature Salon, T.Nagar, Chennai, Tamil Nadu-600 017.

¶8

..Petitioner(s)

¶9

Vs

¶10

The Superintendent Range -II Thyagaraya Nagar, Chennai- South Chennai- CBIC.

¶11

..Respondent(s)

¶12

Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records in Order - in -Original bearing No.53/2025-GST (SUPDT-R-I) dated 26.02.2025 on the file of the Respondent, quash the same, and consequently direct the respondent to release all bank attachments pertaining to the petitioner in a time - bound manner.

¶13

For Petitioner(s): Ms.R.Supriya

¶14

For Respondent(s): Mr.Rajnish Pathiyil Senior Standing Counsel

¶15

__________ Page1 of 6

¶16

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

¶17

WP No. 8173 of 2026

¶18

ORDER

¶19

Mr.Rajnish Pathiyil, learned Senior Standing Counsel takes notice for the Respondent.

¶20

This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Senior Standing Counsel for the Respondent.

¶21

In this Writ Petition, the Petitioner has challenged the impugned Order dated 26.02.2025, which was preceded by a Show Cause Notice in GST DRC-01 dated 16.11.2024 wherein the Petitioner was called upon to appear for personal hearing. However, the Petitioner had not taken advantage of the same and thus, suffered the impugned Order dated 26.02.2025.

¶22

It is noticed that the limitation for filing an appeal under Section 107 of the respective GST enactments, 2017 against the impugned Order has already expired. The present Writ Petition has been filed only on 08.12.2025.

¶23

At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 25% of the disputed tax as a condition for

¶24

denovo adjudication.

¶25

Page2 of 6

¶26

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

¶27

WP No. 8173 of 2026

¶28

The learned counsel for the Petitioner has also made a following

¶29

endorsement to that effect in the Court bundle which has been extracted

¶30

hereunder:-

¶31

“I agree to pay 25% of the disputed tax amount.”

¶32

Under similar circumstances, Orders have been quashed and cases have

¶33

been remitted back to the Respondent to pass a fresh order on terms subject to such Assessee depositing 25% to 100% of the disputed tax depending upon the length of delay in approaching the Court. I do not find any reason to take a different view in this case.

¶34

Therefore, to balance the interest of both parties viz., the Assessee and the Revenue, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 25% of the disputed tax in cash or from the Petitioner's Electronic Cash Register within a period of thirty (30) days from the date of receipt of a copy of this order.

¶35

Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 16.11.2024 together with requisite documents to substantiate the case by treating the impugned Order dated 26.02.2025 as an addendum to the Show Cause Notice dated 16.11.2024.

¶36

Page3 of 6

¶37

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

¶38

WP No. 8173 of 2026

¶39

In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner if any, shall also stand automatically vacated.

¶40

It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 25% of the disputed tax as ordered above and the Petitioner not being in arrears of any other amount for any other tax period barring the amount demanded under the impugned Order.

¶41

The Bank Account of the Petitioner which is said to have been attached will stand lefted subject to Petitioner complying with the above stipulation and subject to Petitioner not being an arrears of any other Tax liability under the respective GST enactment for any Tax liability.

¶42

In case the Petitioner fails to comply with any of the stipulations, the Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today.

¶43

__________ Page4 of 6

¶44

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

¶45

WP No. 8173 of 2026

¶46