M/S.Shri Nila Packers vs The Superintendent Of Cgst And Central … on 12 March, 2026

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    Madras High Court

    M/S.Shri Nila Packers vs The Superintendent Of Cgst And Central … on 12 March, 2026

    Author: D.Bharatha Chakravarthy

    Bench: D.Bharatha Chakravarthy

                                                                                           W.P(MD)No. 6832 of 2026
    
    
                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                    DATED :12.03.2026
    
                                                            CORAM:
    
                          THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY
    
                                              W.P(MD)No. 6832 of 2026
                                                        and
                                         W.M.P.(MD) Nos.5658 & 5659 of 2026
    
                         M/s.Shri Nila Packers,
                         rep. by its Proprietor B.Kannan                                   ... Petitioner
    
                                                  Vs
    
                         The Superintendent of CGST and Central Excise,
                         Tiruchendur Range,
                         Tuticorin Division,
                         C-50, SIPCOT Industrial Complex,
                         Tuticorin 628008.                                                ... Respondent
    
                         PRAYER: Writ Petition filed under Article 226 of the Constitution of
                         India, praying this Court to issue a Writ of Certiorarified Mandamus, to
                         call for the records on the file of the respondent passed in Order in
                         Original NoGST/SUPDT/37/2024-TCR , DIN-20240459XO0000619E29
                         dated 25.04.2024 for the assessment period from April 2018 to March
                         2019 under section 73 of TNGST Act, 2017 and to quash the same as
                         cryptic, barred by limitation, non-speaking, illegal, undue enrichment,
                         without jurisdiction in view of Amended/inserted Section 165 of the
                         TNGST Act 2017 as amended by Finance (No.2) Act 2024, further direct
                         the respondent to pass an assessment order afresh after affording
                         opportunity of being heard.
    
    
    
    
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                                                                                                 W.P(MD)No. 6832 of 2026
    
    
                                             For Petitioner                 : Mr.N.Sudalai Muthu
    
                                             For Respondent                 : Mr.R.Gowri Shankar
                                                                              Senior Standing Counsel
    
    
                                                                   ORDER
    

    The writ petition is filed challenging the impugned order dated

    25.04.2024 passed under Section 73 of the CGST Act, 2017.

    SPONSORED

    2. The ground, on which the order passed, is that the returns were

    not filed in time. It is pleaded on behalf of the petitioner that by the

    introduction of Section 16(5) of the Act, up to the year 2021, even if the

    returns are filed belatedly and if they are filed on or before 30.11.2021,

    the same are taken on file within time and in view thereof, most of the

    liability that is assessed in the order itself will not be there if an

    opportunity is given to the petitioner to explain the said circumstances.

    3. I have also heard the learned Senior Standing Counsel appearing

    on behalf of the respondent.

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    W.P(MD)No. 6832 of 2026

    4. The learned Senior Standing Counsel for the respondent is not

    in a position to dispute the legal position of the amendment being carried

    to Section 16 of the Act and the time being extended. In view thereof,

    this writ petition is allowed on the following terms:

    (a) The impugned order dated 25.04.2024 shall stand set aside and the

    matter is remanded back to the file of the respondent for fresh

    disposal;

    (b) The petitioner shall appear before the respondent without fail and

    submit such reply and place on record the documents in support of

    its claim and it will be open for the petitioner to take such stand,

    both legal and factual, before the respondent and it is for the

    respondent to consider the issue in accordance with law and pass

    orders afresh; and

    (c) No costs. Consequently, connected miscellaneous petitions are

    closed.

                         NCC            : Yes/No                                                         12.03.2026
                         apd
    
    
    
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    https://www.mhc.tn.gov.in/judis                    ( Uploaded on: 18/03/2026 06:58:17 pm )
                                                                                         W.P(MD)No. 6832 of 2026
    
    
    
                         To
    
    

    The Superintendent of CGST and Central Excise,
    Tiruchendur Range,
    Tuticorin Division,
    C-50, SIPCOT Industrial Complex,
    Tuticorin 628008.

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    https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2026 06:58:17 pm )
    W.P(MD)No. 6832 of 2026

    D.BHARATHA CHAKRAVARTHY.,J.

    apd

    ORDER MADE IN

    W.P(MD)No. 6832 of 2026

    12.03.2026

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    https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2026 06:58:17 pm )



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