Cbigs Apparels And Jewels vs The Joint Commissioner on 7 July, 2026

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    Madras High Court

    Cbigs Apparels And Jewels vs The Joint Commissioner on 7 July, 2026

    Author: C.Saravanan

    Bench: C. Saravanan

                                                                    W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026
    
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                Reserved on            16.04.2026
                                               Pronounced on           07.07.2026
    
                                                           CORAM
                                        THE HON'BLE MR JUSTICE C. SARAVANAN
    
                                               W.P.Nos. 3204 & 16529 of 2024
                                                             and
                                                     W.P.No.6074 of 2026
                                                             and
                                         W.M.P.Nos. 3463, 3466, 18126 & 18128 of 2024
                                                             and
                                               W.M.P.Nos.6575 & 6578 of 2026
    
    
                    W.P.No.3204 of 2024
                    CBIGS Apparels and Jewels,
                    Partnership Firm
                    Rep. by its, Authorized Signatory S.Nagarajan,
                    Ground Floor, New No.67, Old No.30 III Cross Street,
                    Gandhi Nagar, Adyar, Chennai 600 020.
                                                                                               … Petitioner
    
    
                                                               Vs
                    1.The Joint Commissioner,
                     Nungambakkam Assessment Circle,
                    GST, Greams Road, Chennai – 600 006.
    
                    2.The Assistant Commissioner (ST),
                    Nungambakkam Assessment Circle,
                    No. 88, Mayor Ramanathan Salai,
                    Chetpet, Chennai – 600 031.
    
                    3.State Tax Officer,
                    Nungambakkam Assessment Circle,
                    No. 88, Mayor Ramanathan Salai,
                    Chetpet, Chennai – 600 031.
    
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                                                              W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026
    
    
    
    
                    4.The Branch Manager,
                     Axis Bank Ltd.,
                    No. 18, MG Road, (Near Adyar Bus Depot)
                    Sastri Nagar, Chennai
    
                    5.The Branch Manager.
                    HDFC Bank Ltd.,
                    No-T31,7th Avenue, MG Road,
                     Besant Nagar Branch, Chennai – 600 090.
    
                    6.The Branch Manager, ICICI Bank Ltd.,
                    2/1, L.B.Road, Adyar Branch,
                    Chennai – 600 020.
    
                    7.Cbigs Advertising Pvt Ltd.,
                    Regd. Office at
                    Old no. 42, New No. 62,
                    Sri Venkatachalapathy Illam, 53rd Street,
                    Ashok Nagar, Chennai – 600 083.
                                                                                     … Respondents
    
                    Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
                    issuance of a Writ of Certiorarified Mandamus calling for the records of the
                    second respondent in respect of the letter dated 19.10.2023 issued to the
                    respondents 4 to 6 and quash the same as illegal, arbitrary and devoid of merit
                    and consequentially permit the petitioner to operate the bank accounts with
                    the Respondents 4 to 6 herein without any hindrance.
    
    
                                      For Petitioner : Mr.P.V.Balasubramaniam, Senior Counsel
                                                       For Mr.K.S.Karthik Raja
                                      For R1 to R3 : Mr.TNC.Kaushik
                                                       Additional Government Pleader
                                      For R4         : Mr.O.S.Karthikeyan
                                      For R5         : Mr.C.Mohan & Ms.A.Rexy Josephine Mary
                                                       For M/s. King & Partridge
                                      For R6         : Mrs.G.Shanthi Meenakshi
    
    
    
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                                                            W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026
    
    
                    W.P.No.16529 of 2024
                    Mrs.N.Seetha,
                    No.21, Sundaram Street,
                    Vivekananda Nagar, Nesapakkam,
                    Chennai – 600 078.
                                                                                        … Petitioner
                                                        Vs.
    
                    1. The Joint Commissioner,
                        Nungambakkam Assessment Circle, GST,
                        Greams Road, Chennai – 600 006.
                    2. The Assistant Commissioner (ST),
                       Nungambakkam Assessment Circle,
                       No.88, Mayor Ramanathan Salai,
                       Chetpet, Chennai – 600 031.
                    3. State Tax Officer,
                       Nungamabakkam Assessment Circle,
                       No.88, Mayor Ramanathan Salai,
                       Chetpet, Chennai – 600 031.
                    4. The Branch Manager,
                       HDFC Bank Ltd,
                       No-T31, 7th Avenue, MG Road,
                       Besant Nagar Branch, Chennai – 600 090.
                                                                                    … Respondents
                    Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                    issuance of a Writ of Certiorarified Mandamus calling for the records of the
                    second respondent respect of the letter dated 19.10.2023 issued to the fourth
                    respondent and quash the same illegal, arbitrary and devoid of merit and
                    consequentially permit the petitioner to operate the bank account with the
                    fourth respondent therein without any hindrance.
    
                                         For Petitioner : Mr.S.Rajesh
                                         For R1 to R3 : Mr.C.Harsharaj
                                                        Special Government Pleader
    
    
    
    
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                                                            W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026
    
    
    
    
                    W.P.No.6074 of 2026
    
                    Yantur Manufacturing Private Limited
                    rep by its director Preethika.N,
                    CIN is U24290TN2020PTC139618
                    No.21 Sundaram Street,
                    Vivekanatha Nagar Ramapuram,
                    Chennai Tamil Nadu 600 089.                                       … Petitioner
    
    
                                                           Vs
    
    
                    1.The joint commissioner
                    Nungambakkam Assessment Circle,GST,
                    Greams Road,
                    Chennai- 06.
                    2.The assistant commissioner (ST)
                    Nungambakkam Assessment Circle,
                    No. 88, Mayor Ramanathan Salai,
                    Chetpet, Chennai Tamil Nadu 600 031.
    
                    3.State Tax Officer
                    Nungambakkam Assessment Circle,
                    No.88 Mayor Ramanathan Salai,
                    Chetpet Chennai Tamil Nadu 600 031.
    
                    4.The Branch Manager
                    ICICI BANK Ramapuram Branch,
                    3/21, Valluvar salai, Ramapuram,
                    Chennai, Tamil Nadu 600 089.
    
                    5.CBIGS Advertising Pvt. Ltd.,
                    Regd. Office at
                    Old no. 42, New no. 62,
                    Sri Venkatachalapthy Illam,
                    53rd Street, Ashok Nagar,
                    Chennai, Tamil Nadu 600 083.
    
                                                                                      ..Respondents
    
    
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                                                               W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026
    
    
    
    
                    Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                    issuance of a Writ of Certiorarified Mandamus calling for the records of the
                    third Respondent in respect of the impugned notice dt. 25.09.2023 issued to the
                    Petitioner and quash the same as illegal, arbitrary and devoid of merit and
                    consequentially permit the Petitioner to operate the bank account with the fourth
                    Respondent herein without any hindrance.
    
    
                                        For Petitioner : Mr.S.Rajesh
    
                                        For R1 to R3 : Mr.V.Prashanth Kiran
                                                       Government Advocate
    
                                        For R4         : Mr.C.Mohan & Ms.A.Rexy Josephine Mary
                                                         For M/s. King And Partridge
    
    
    
                                                    COMMON ORDER
    
    

    In these writ petitions, the respective petitioners have prayed for the

    following reliefs:-

    SPONSORED
                     S. Writ Petition      Name of the                      Relief
                    No.      No.            Petitioners
    

    1. W.P.No.3204 CBIGS Apparels and Writ Petition filed under Article 226 of
    of 2024 Jewels, the Constitution of India, for issuance
    Partnership Firm of a Writ of Certiorarified Mandamus
    Rep. by its, calling for the records of the second
    Authorized Signatory respondent in respect of the letter dated
    S.Nagarajan, 19.10.2023 issued to the respondents 4
    to 6 and quash the same as illegal,
    arbitrary and devoid of merit and
    consequentially permit the petitioner to
    operate the bank accounts with the

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    Respondents 4 to 6 herein without any
    hindrance.

    2. W.P.No.1652 Mrs.N.Seetha, Writ Petition filed under Article 226 of
    9 of 2024 the Constitution of India, issuance of a
    Writ of Certiorarified Mandamus
    calling for the records of the second
    respondent respect of the letter dated
    19.10.2023 issued to the fourth
    respondent and quash the same illegal,
    arbitrary and devoid of merit and
    consequentially permit the petitioner to
    operate the bank account with the
    fourth respondent therein without any
    hindrance.

    3. W.P.No.6074 Yantur Manufacturing Writ Petition filed under Article 226 of
    of 2026 Private Limited the Constitution of India, issuance of a
    rep by its director Writ of Certiorarified Mandamus
    Preethika.N, calling for the records of the
    third Respondent in respect of the
    impugned notice dt. 25.09.2023 issued
    to the Petitioner and quash the same as
    illegal, arbitrary and devoid of merit
    and consequentially permit the
    Petitioner to operate the bank account
    with the fourth Respondent herein
    without any hindrance.

    2. The petitioners in W.P.Nos.3204 of 2024 and 6074 of 2026 have

    challenged the recovery proceedings initiated under Section 79(1)(c) of the

    respective GST Enactments. The impugned recovery notice has been addressed

    by the 2nd respondent to R4 to R6 in W.P.No.3204 of 2024, R4 in

    W.P.No.16529 of 2024. The amounts have been sought to be recovered by

    attaching the Bank accounts held by the respective petitioners in order to

    recover the tax due and payable by M/s. CBIGS Advertising Private Limited,

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    the 7th respondent in W.P.No.3204 of 2024, for the tax period 2017-2018. R4 in

    W.P.No.16529 of 2024 is R5 in W.P.No.3204 of 2024.

    3. The 7th respondent in W.P.No.3204 of 2024, namely M/s. CBIGS

    Advertising Private Limited, is in arrears of Rs.3,66,42,318/- and has not filed

    GSTR-3B for the Tax period 2017-2018. It appears that the said company has

    opted for voluntary winding up under Sections 271(e) and 272 of the

    Companies Act, 2013 and filed an application before the National Company

    Law Tribunal, Division Bench (Court-I), Chennai (NCLT) on 07.11.2019 under

    Sections 271(e) and 272 of the Companies Act, 2013, read with the Companies

    (Winding Up) Rules, 2020.

    4. By an order dated 20.03.2024, the National Company Law Tribunal,

    Division Bench (Court-I), Chennai, passed the following order:

    “(i) The present Company Petition stands admitted.

    (ii) We appoint Prabhu S, email:[email protected]
    with Reg.No.IBBI/IPA-001/IP-P01275/2018-2019/11948 as the
    Provisional Liquidator for the Company viz. CBIGS Advertising
    Private Limited.

    (iii) We hereby direct the provisional Liquidator of the
    Company to cause a public advertisement in any daily newspaper in
    English and vernacular, regarding the admission of the Present
    Company Petition under Section 271-272 of the Companies Act, 2013
    in Form WIN 6 of the Companies (Winding Up) Rules 2020;

    (iv) The Provisional Liquidator is permitted to initiate
    appropriate action in accordance with the provisions of the
    Companies Act, 2013 and to take control of the subject Company.

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    (v) Post this matter for hearing on 24.06.2024.

    (vi) The Registry of this Tribunal is directed to
    communicate this order to the parties concerned and also to the
    Official Liquidator.”

    5. By another Order dated 20.03.2024, the National Company Law

    Tribunal (NCLT) recorded that the said company, namely, CBIGS Advertising

    Private Limited, had issued statutory notices to all concerned statutory

    authorites, including the Regional Director, the Registrar of Companies

    (Southern Region), the Income Tax Authorities, and GST Authorities.

    6. It is informed that, by a subsequent order dated 29.10.2025, the NCLT

    appointed the said provisional Liquidator as the Liquidator of the said company.

    7. The recovery proceedings have been initiated against the petitioners in

    W.P.Nos.3204 of 2024 and 6074 of 2026, primarily on the ground that the

    petitioner in W.P.No.16529 of 2024, namely Mrs.N.Seetha, was a Director of

    the defaulting company, namely, CBIGS Advertising Private Limited, the 7 th

    respondent in W.P.No.3204 of 2024, which was incorporated on 12.01.2009.

    8. It appears that the petitioner in W.P.No.16529 of 2024 (Mrs.N.Seetha)

    was a Director of the said Company for a limited period and had allegedly

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    tendered her resignation on 31.10.2013. However, she was subsequently

    reappointed on 26.07.2014 and continued as its Director until 20.09.2019.

    9. Thus, the said petitioner in W.P.No.16529 of 2024 (Mrs.N.Seetha) was

    the Director of the said Company during the period of the default for the Tax

    Period 2017-2018.

    10. It is stated that the said defaulting company has accumulated tax

    liabilities under the provisions of the respective GST Enactments to the tune of

    Rs.3,66,42,318/-. The respondents now seek to recover the said amount from

    the respective petitioners, on the premise that Mrs.N.Seetha is also associated

    with entities connected to the said company, namely CBIGS Advertising Private

    Limited.

    11. It appears that Mrs.N.Seetha, the petitioner in W.P.No.16529 of 2024,

    was a partner in the petitioner firm in W.P.No.3204 of 2024, namely CBIGS

    Apparels and Jewels. The said partnership firm was constituted on 13.11.2015

    with Mrs.N.Seetha as its partner along with her daughter Ms. Preethika. They

    hold equal shares in the petitioner firm in W.P.No.3204 of 2024 viz., CBIGS

    Apparels and Jewels. Subsequently, it appears that Mrs.N.Seetha had exited the

    said partnership firm and her son-in-law, namely Mr.Kandarp Pandya was

    inducted as its partner.

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    12. Meanwhile, the petitioner in W.P.No.6074 of 2026, namely, Yantur

    Manufacturing Private Limited, was incorporated on 25.11.2020. The initial

    Directors of the said company were Ms.Preethika and Mr.Kandarp Pandya, the

    daughter and son-in-law of the petitioner in W.P.No.16529 of 2024. Thereafter,

    the petitioner in W.P.No.16529 of 2024, Mrs.N.Seetha, was appointed as its

    Director on 20.02.2021. She was later designated as its Additional Director and

    reportedly continued until she tendered her resignation on 28.03.2023.

    13. It is further noted that Mr.Kandarp Pandya has also ceased to be

    associated with the petitioner company in W.P.No.6074 of 2026. Following the

    resignation of Mrs.N.Seetha on 28.03.2023, an intimation in Form DIR-12 was

    filed on 16.11.2023 recording the cessation of her directorship in the petitioner

    company, the petitioner in W.P.No.6074 of 2026, namely Yantur Manufacturing

    Private Limited.

    14. Mrs.N.Seetha, the petitioner in W.P.No.16529 of 2024, has also

    challenged the attachment of her bank account, which has been effected on

    account of the tax liability allegedly incurred on account of the company,

    namely M/s. CBIGS Advertising Private Limited, being liquidated in which she

    had served as a Director.

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    15. The learned Senior Counsel for the petitioner in CBIGS Apparels and

    Jewels (W.P.No.3204 of 2024) submits that five different accounts, including

    two overdraft accounts maintained by the partnership firm, have been attached.

    As a result, the entire operations of the said petitioner partnership firm has been

    affected. It is further submitted that the partnership firm is no longer associated

    with Mrs.N.Seetha, the petitioner in W.P.No.16529 of 2024.

    16. The learned Senior Counsel also submits that its accounts maintained

    with Axis Bank, ICICI Bank and HDFC Bank have been unfairly attached by

    the Commercial Tax Department on the arrears of M/s. CBIGS Advertising

    Private Limited.

    17. The details of the bank accounts maintained by the petitioner

    partnership firm in W.P.No.3204 of 2024, namely CBIGS Apparels and Jewels,

    are as follows:-

                             Name of the Bank       Account Number          Account Type
                             AXIS BANK              909030097537634         Overdraft
                             AXIS BANK              923030005944472         Overdraft
                             AXIS BANK              917020020170502         Current
                             ICICI BANK             035005006251            Current
                             HDFC BANK              50200014890176          Current
    
    
    
    
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    18. The third respondent in W.P.No.3204 of 2024, namely the State Tax

    Officer, Nungambakkam Assessment Circle, No. 88, Mayor Ramanathan Salai,

    Chetpet, Chennai – 600 031, has filed a counter affidavit, wherein it is stated as

    follows:-

    “6. It is submitted that on check of various returns filed
    by the petitioner the Audit has pointed out that the petitioner had not
    made payments (as is evidenced from the fact that the petitioner had
    not filed the required Form GSTR 3B) though the petitioner had filed
    GSTR 1 or GSTR 2A. This indicated (filing of GSTR 1 and 2A and
    non-filing of GSTR 3B) that the petitioner had undertaken/carried on
    the business during the period but have not discharged their tax
    liability besides passing on of irregular ITC. (GSTR 3B return is the
    only instrument through which the liability is offset and ITC is
    availed). An analysis of the data sheets pertaining to relevant fields in
    the GSTR 1, 2A and 3B in respect of the petitioner, revealed that those
    cases where GSTR 3B is null have been extracted. The petitioner had
    not even filed even a single GSTR 3B in 2017-18. The reason for non-
    filing of the GSTR 3B and consequent non-discharge of tax liability
    were not put forth properly by the petitioner Accordingly, notice in
    Form DRC 01A to the petitioner on 28.1.2023 and show cause notice
    in Form DRC 01 was also issued on 21.3.2023, through online.
    Though it was not permissible under the GST Act to serve the
    communications of the department manually, the petitioner was
    provided with such opportunity, and the notice sent to the petitioner,
    was returned by the postal authority with an endorsement of “Left”
    Hence, it is construed that the petitioner has no valid evidence of
    records to file in respect of the difference between GSTR 3B and
    GSTR 1 and therefore this respondent is left with no other alternative
    except to confirm the proposal contained in the show cause notice
    under section 73 of the Act along with interest and penalty In the
    absence of any response from the petitioner’s side, with regard to the
    payment of the demand as per the assessment order, this respondent
    issued recovery notice in GSTIN 33AADCC5603K1ZW dt. 25.9.2023.
    As there was no response from the petitioner in respect of the
    recovery notice issued, this respondent is left with no other alternative
    except issue bank attachment, as the arrear payable by the petitioner
    is huge. Aggrieved by the attachment issued the petitioner filed the
    above writ petition.

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    7. With regard to para 3-6 of the affidavit, it is submitted
    that though the said ex-partner Mrs. Seetha, retired from the
    company, but she is continuing as the authorized
    signatory/representative of the petitioner Hence, at the time of accrual
    of demand, the said Mrs. Seetha is partner of the said firm. Therefore,
    she is responsible for the liabilities of the company, when she was
    partner of the petitioner firm. Verification of the returns filed by the
    petitioner for the year 2017-18 revealed that the petitioner
    undertaken/carried on the business during the relevant period but
    have not discharged their tax liability besides passing on of irregular
    ITC. Verification of datasheets pertaining to relevant fields in the
    GSTR 1, 2A and 38, revealed that the petitioner had not filed even a
    single GSTR 3B in 2017-18.

    8. With regard to para 7-9 of the affidavit, it is submitted
    that the attachment notice was not issued all of a sudden. The
    assessment order was passed 24.6.2023 and the said order was sent
    online to the petitioner After providing the appeal time of 90 days
    only, the recovery notice dt. 25.9.2023 was issued to the petitioner All
    the communications were sent to the petitioner as provided under the
    GST Act, which were not responded to by the petitioner Further, the
    notice sent manually was also not received by the petitioner
    Therefore, there is no violation of principles of natural justice in
    issuing the attachment notice as the petitioner was provided with
    sufficient opportunity to make payment of the liability along with
    interest and penalty Further, the demand legitimately due to the
    Government Exchequer is huge, this respondent is having no other
    alternative except to attach the bank account as none of the partners
    of the petitioner come forward to clear the liability. The said
    recovery notice addressed to the partner of the eptitioner firm who
    denied receiving the same as it does not related to her. But as per the
    contentions of the petitioner it is proved beyound doubt that though
    the said ex-partner Mrs.Seetha, retired from the company, but she is
    continuing as the authorized signatory/representative of the petitioner
    firm. Hence, at the time of accrual of demand, the said Mrs.Seetha is
    partner of the said firm. Therefore, she is responsible for the
    liabilities of the company, when she was partner of the petitioner firm,
    as per section 89 of the Central Goods and Services Tax Act 2017.

    9. With regard to para 10-11 of the affidavit, it is
    submitted that the said Mrs.Seetha is also now part of the company,
    how the petitioner expected that the attachment would be released.

    Further, the demand was accrued during the period when the said
    Mrs.Seetha was partner of the company. Therefore, she cannot deny
    her responsibility for the liability of the said firm. As the demand is
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    huge, it is not possible for the department to release the attachment
    without payment of liabilities legitimately due to the Government
    Exchequer. The petitioner failed to intimate the resignation of the
    said Mrs.Seetha from the petitioner firm, and they think that it is for
    the department to verify the same from the website. It is the
    responsibility of the petitioner to intimate the incoming and outgoing
    partners to the department, to fix theresponsibilities arose in such
    cases. Only after the attachment made the eptitioner intimated the
    fact that Mrs.Seetha’s name was removed from the company portal.
    Thus the petitioner had intentionally with malafide intention removed
    her name from the portal on issue of attachment.

    10. With regard to para 12-13 of the affidavit, it is
    submitted that section 89 of the CGST/TNGST Act 2017, provides that
    (1) notwithstanding anything contained in the Companies Act, where
    any tax, interest or penalty due from a private company in respect of
    any supply of goods or services or both for any period cannot be
    recovered, then, every person who was a director of the private
    company during such period shall, jointly and severally, be liable for
    the payment of such tax, interest or penalty unless he proves that the
    non-recovery cannot be attributed to any gross neglect, misfeasance
    or breach of duty on his part in relation to the affairs of the company
    Thus, it is proved beyond doubt that the said Mrs. Seetha. Director of
    the petitioner firm has failed to settle the dues to the Exchequer
    Therefore, there is no violation in attaching the accounts of the said
    Mrs. Seetha.

    11. With regard to para 14-15 of the affidavit, it is
    submitted that the petitioner stated that there is no nexus between the
    said company and the petitioner firm. The petitioner themselves stated
    in the affidavit that instead of Mrs. Seetha, who was ex-partner of the
    default company, her spouse Mr. Sundaram Nagarajan is the
    authorized signatory in the said firm. This proved beyond doubt that
    all partners in both the companies are members of same family, and
    to misguide the authorities they have stated make belief statements
    that Mrs. Seetha is not authorized signatory instead Mr Sundaram
    Nagarajan is authorized signatory now This proved beyond doubt that
    the petitioner firm carmouflaging the facts relating to the company
    and mislead the Hon’ble Court to take a decision against the
    Department. At the time of accrual of demand, ie. 2017-18, the said
    Mrs. Seetha is a director of the company and therefore she cannot
    deny her responsibility in paying the demand related to the said year
    She was retired from the said firm only on 24.6.2019 and the demand
    related to the period April 2017 to March 2018. Hence, they cannot
    deny their liability of paying taxes, interest and penalty.

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    12. With regard to para 16-18 of the affidavit, it is
    submitted that the attachment could not be withdrawn as the demand
    is very huge and if not the attachment was made, it could lead to
    heavy revenue loss to the State Exchequer. The said Mrs. Seetha was
    partner at the time of accrual of demands relating to the year 2017-

    18. Hence, there no violation on the part of this respondent in
    invoking section 79 of the GST Act for the recovery of revenue
    legitimately due to the State Exchequer All the partners of the default
    company are also partners of the present petitioner firm. Hence, they
    cannot deny their relationship with the default company There is no
    violation in serving the recovery notice on the petitioner as the same
    was done following the procedures laid down under the GST Act.

    13. With regard to para 19-21 of the affidavit, it is
    submitted that the change of partnership in the firm has not been
    reported by the petitioner to the respondents. It is the responsibility of
    the petitioner to intimate the same to the department. Further in the
    absence of any payment made by the petitioner on the demand raised,
    this respondent is left with no other alternative except to invoke
    section 79 of the Act to recover the revenue legitimately due to the
    Government Exchequer. Hence, any stay granted to the collection of
    revenue by the Hon’ble Court put this respondent into great hardship
    in collecting the huge demand. Hence, it is submitted the no stay could
    be granted and the attachment released without payment of demand.

    14. With regard to Ground (a-e) of the affidavit, it is
    submitted that there is no violation of principles of natural justice in
    attaching the bank accounts of the petitioner, as the demand is huge
    and there is no alternative except to attach the bank accounts for the
    collection of demand. All the procedures laid down under section 79
    of the Act was followed before issuing attachment notice. There is no
    requirement of prior intimation to the petitioner for attaching the
    bank accounts, and if done so it would make way for the petitioner to
    clear the amount in their accounts. But it is submitted that there was
    sufficient time for the petitioner from the date of passing of impugned
    orders to make payment. Also it is not the duty of the respondents 4-6
    to intimate the attachment of accounts made to the petitioner as it is
    the responsibility of the banks to remit the amounts in the accounts of
    the defaulter as required under Section 79(1)(c) of the TNGST Act,
    2017 read with Section 142(7)(a) of the TNGST Act, 2017 and under
    Rule 145(1) of the TNGST Rules, 2017.

    15. With regard to Ground (f-i) of the affidavit, it is
    submitted that there is no violation of any law in attaching the bank
    accounts of the petitioner The Act provides for recovery of demands
    as per section 79(1)(c) of the TNGST Act, 2017 read with section
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    142(7)(a) of the TNGST Act, 2017 and under Rule 145(1) of the
    TNGST Rules, 2017 and the banks are also responsible for obliging
    with the requests of the department in recovering money from the
    defaulters. There is no wrong assumption as contended by the
    petitioner as all the partners in the defaulter firm are also partners in
    the petitioner firm. Hence, there is no violation in attaching the bank
    accounts of the petitioner firm for the collection of dues legitimately
    due to the Government Exchequer.

    16. Further, it is submitted that this Hon’ble Court by
    order dt. 14.2.2024 passed in WMP No.3466 of 2024 in WP No. 3204
    of 2024, granted interim stay of impugned order only insofar as such
    order directs respondents 4-6 to pay the arrears to respondents 1-3
    and made it clear that the attachment shall continue in operation.
    With the direction of this Hon’ble Court, the department was put to
    great hardship in recovering the tax legitimately due to the
    Government Exchequer Therefore, it is prayed that this Hon’ble Court
    may be pleased to vacate the interim stay granted in WMP No.3466 of
    2024 in WP No. 3204 of 2024, dt. 14.2.2024 and thus render justice.

    In the circumstances, the writ petition is not maintainable
    in law and therefore liable to be dismissed in limini.

    The respondent reserves his right to file additional
    counter if any required at a later point of time.

    In these circumstances, for the foregoing reasons, it is,
    prayed that this Hon’ble Court may be pleased to dismiss the above
    writ petitions with costs and thus render justice.”

    19. The fourth respondent in W.P.No.3204 of 2024 has filed a counter

    affidavit, wherein it is stated as follows:-

    “3. At the outset, I crave leave of this Hon’ble Court to
    refer to certain facts for complete appreciation of the case as
    follows:-

    (i) I submit that the petitioner is a Partnership concern
    and is maintaining the following Accounts as narrated in the tabular
    column below:-

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    S.No. Account bearing Nature of Branch
    numbers Account

    01. 917020020170502 Current A/c Adyar Branch
    02 923030005944472 Overdraft R.A.Puram Branch
    03 919030097537634 Overdraft R.A.Puram Branch

    (ii) I submitt that this Respondent Branch received a
    communication dated 19.10.2023 from the 2nd respondent to mark
    lien relating to PAN numbers ADWPS4414K, AAKFC9121E and
    AAEPK9856G and furnish the details relating to the Bank account
    maintained by the petitioner. In compliance of the communication
    dated 19.10.2023, a lien was accordingly marked amounting to
    Rs.2,66,42,308/- in all the aforementioned bank accounts narrated in
    the tabular column above. This Respondent also brought it to the
    notice of 2nd Respondent vide letter dated 21.10.2023 that the account
    under the pan number AAEPK9856G stands closed stands during the
    year 2011 itself and no statements are available at the moment
    besides lien has been marked in the Petitioner’s Account.

    (iii) I submit that as on 06.09.2024, a ledger balance of
    Rs.78,090.85/- (Credit) is available Current Account bearing number
    917020020170502 maintained with this Respondent Branch. I also
    submit that as on 06.09.2024, a sum of Rs.66,86,130.00/- (Debit) has
    been utilized by the petitioner in the overdraft facility account
    bearing number 923030005944472 as against sanctioned limit of
    Rs.1,00,00,000/- availed with R.A.Puram Branch besides a sum of
    Rs.1,76,766/- (Credit) is available in the overdraft facility account
    bearing number 919030097537634 as against sanctioned limit of
    Rs.5,20,800/- availed with R.A.Puram Branch.

    In view of what is stated above, suitable orders may be
    passed recording the above and thus render justice.”

    20. In reply of the counter affidavit, the petitioner has filed a rejoinder,

    wherein it is stated as follows:-

    “7. I state that this petition does not contest as to whether
    if Mrs. Seetha is liable to pay dues of the defaulted company for which
    she was a director during the defaulted tax period July 2017-March

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    2018. It is to be noted that the Petitioner is a separate legal entity, a
    person separate from Mrs. Seetha as defined under sec 2(84) of the
    CGST Act 2017.

    8. I state that an interim order was passed by this Hon’ble
    Court dated 29th October 2024 wherein this Hon’ble Court permitted
    the Petitioner to operate the bank accounts to the extent of 50% of
    amounts lying in each of the banks/Respondents 4 to 6 forthwith.

    9. I state that the contents of para 5 of the counter
    affidavit are incorrect completely. The State Tax Officer who is
    Respondent No 3 has not scrutinized returns u/s 61 of the CGST Act
    2017 of the Petitioner. Instead, a show-cause notice was issued u/s 74
    of the said Act on 16th November 2023 for the tax period July 2017-

    March 2018 and the order vide Ref No. ZD331123192062W for
    dropping proceedings was issued on 30th November 2023. It is
    pertinent to note that subsequently the Petitioner has not received any
    notice on the GST portal for any tax period and that all the returns
    applicable have been filed and the applicable tax dues have been
    paid.

    10. I state that the contents of para 6 of the counter
    affidavit are incorred again wherein the Petitioner has not received
    any notice in FORM DRC-01A dated 28th January 2023.

    11. I state that the Respondent No 3 in his counter
    affidavit has mistaken the defaulted taxpayer M/s CBIGS Advertising
    Private Limited as the Petitioner and in para 5 and 6 of the counter
    affidavit addressed the defaulted taxpayer as Petitioner. The
    Petitioner has filed all the relevant returns to the GST department
    from the inception till today and the auditor certified copy is also
    available.

    12. I state that in para 7 of the counter affidavit, it is
    stated the Mrs. Seetha ex-partner of the Petitioner was the authorized
    signatory of the Petitioner at the time of accrual of demand and that
    she is responsible for liabilities of the company. Also, in para 7 it is
    stated that Petitioner has not even filed a single GSTR-3B in 2017-18.

    13. I state that this writ petition is not contesting
    whether dues are recoverable from Mrs. Seetha or not, this petition
    is filed on the basis that recovery of dues from the Petitioner on
    account of defaulted taxpayer. Further as stated earlier the
    Petitioner has filed all their GSTR-3B for tax period 2017-18. It is
    pertinent to note that Mrs. Seetha was only an authorized signatory on
    the GST portal for filing of returns but was not a partner on the date
    of issuance of notice.

    14. I state that that all dues liable to be paid to Mrs.
    Seetha on her retirement in terms with the amended partnership
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    deed dated 24th June 2019 were paid to her and that on the date of
    notice issued by the Respondent No. 3 no dues were payable even to
    Mrs. Seetha by the Petitioner.

    15. I state that a notice was issued to the Petitioner
    dated 25th September 2023 and was also addressed to Mrs. Seetha
    and Respondent No.4 in FORM GST DRC-13 demanding tax
    payable u/s 79(1)(c) (i) of the CGST Act 2017 on the assumption
    that we had dues payable to the defaulted taxpayer M/s CBIGS
    Advertising Private Limited. There are no such dues payable either
    side for which auditor certificate is also available.

    16. I state that the Respondent No.3 has proceeded to
    recover dues from the Petitioner only due to the common link of Mrs.
    Seetha who was a partner in the Petitioner firm and was a director in
    the company CBIGS Advertising Private Limited. Mrs. Seetha has
    resigned from the defaulted company namely the 7th Respondent
    (CBIGS Advertising Pvt. Itd) as well as from the Petitioner’s firm
    (CBIGS Apparels and Jewels) in the year 2019 itself on health ground
    and both the DIR12 and change of partnership deeg is available.

    17. I state that in our reply dated 27th November 2023 to
    the Respondent No.3 we clearly explained that we had no dues
    payable to M/s CBIGS Advertising Private Limited and to establish
    the same we produced our financial statements and a certificate by a
    Chartered Accountant dated 2nd February 2024 to this effect.

    18. I state that the Respondent No. 3 has misinterpreted
    the provisions of sec 79(1)(c) of the said Act, since only if the
    Petitioner had any money due or become due to the company OR if
    money was held or may subsequently be held on account of the
    company could the Respondent proceed against the Petitioner under
    this section. It is re-iterated that the Petitioner has not conducted any
    transaction with the company and that it has no dues payable to the
    company for the Respondent No 3 to recover from the Petitioner dues
    defaulted by the company.

    19. I state that Circular No. 129/48-2019-GST dated 24th
    December 2019 has laid down standard operating procedures for
    non-filer of returns, if Respondent No 3 believed that the
    taxpayer/Petitioner had not furnished returns then he first ought to
    have issued notice in ASMT-13 which the Respondent No 3 has not.
    Further it is stated in the circular in para 4(vi)
    In case the defaulter furnishes a vaild return within thirty
    days of the service of assessment order in FORM GST
    ASMT-13, the said assessment order shall be deemed to
    have been withdrawn in terms of provision of sub-section (2)
    of section 62 of the CGST Act. However, if the said return
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    remains unfurnished within the statutory period of 30 days
    from issuance of order in FORM ASMT-13, then proper
    officer may initiate proceedings under section 78 and
    recovery under section 79 of the CGST Act;

    20. I state that the Respondent No 3 has not followed
    standard operating procedure laid in the circular and directly issued
    notice u/s 79 of the said Act without serving notice and subsequent
    order to FORM ASMT-13. Reliance is placed on the judgement
    passed in the matter of V N Mehta & Company vs Assistant
    Commissioner, HQ Preventive unit, Chennai by the Honourable
    Madras High Court in W.P. 26187 of 2019 dated 08th November
    2019 where the facts are identical to the Petitioner’s case since
    Respondent No 3 has straight away resorted to recovery proceedings
    which is incorrect and not in line with the procedures laid in the law.

    21. It is further submitted that in para 8 the 3rd
    Respondent has again stated incorrect facts. The assessment order
    dated 24th June 2023 is not available online. Enclosed is the
    screenshot of the portal. Further the 3rd Respondent states that dues
    are recoverable from Mrs. Seetha as she was a partner of the
    Petitioner “at the time of accrual of demand” in terms with sec 89 of
    the CGST Act 2017 Mrs. Seetha during her tenure as Director with
    the 7th Respondent’s company was not having finance authority nor
    access to GST payable. HDFC Bank letter enclosed to prove that the
    finance authority held with Mrs. Rama Krishnan and Mr. S. Krishnan
    the email id and the mobile number mentioned in the bank letter are
    owned by Mr. S.Krishnan. Hence the section 89 is not applicable.

    22. I state that only if the Petitioner being the partnership
    firm is liable to pay in the first place can a partner be then liable for
    the default of the partnership firm. In the first place the Petitioner. i.e.
    partnership firm itself has no monies due as explained previously to
    the defaulted company therefore a partner cannot be liable.

    23. I state that in para 9-13 the 3rd Respondent has
    stated that Mrs. Seetha is also now a part of the company. It is
    submitted that Mrs. Seetha is neither the partner of the firm nor
    director in the company on the date of issuance of notice by 3rd
    Respondent on 25th September 2023. It is agreed that she was an
    authorized signatory on the GST portal but was not a partner in the
    firm, she was an authorized signatory only for purpose of filing of
    GST returns since OTP will be required and that needed an Indian
    Mobile Number. The partners of the Petitioner firm reside outside
    India and that Mrs. Seetha wife of Mr. S Nagarajan is the mother of
    Mrs. Preethika N the partner of the Petitioner firm and the other
    partner is one Mr. Kandarp Pandya who is the husband of Mrs.
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    Preethika. Therefore, there was no mala-fide intention to remove Mrs.
    Seetha’s name from portal after issuance of notice. I state the 3rd
    Respondent in various places has confused itself with “company” and
    “firm” and wrongly stated as per para 12 that “all partners of the
    default company are also partners of the present Petitioner firm”. This
    very statement proves that the Respondent No. 3’s negligence and
    misunderstanding of the entire petition. The directors of the company
    presently are Mr Krishnan and his associates having all banking
    operations and management control from 2015 onwards and they are
    not in any manner whatsoever related to the Petitioner and have
    never been part of the partnership firm.

    24. I state that the action of attaching an overdraft and
    loan account facility is not in accordance with law. An overdraft
    facility and loan account is a credit facility that a bank extends to its
    customer, the unutilized limit is not the property of the customer in the
    instant case of the Petitioner. With an overdraft facility the customer
    is the debtor and the bank is the creditor so the bank does not hold
    any money of the customer. The operations have been disrupted by the
    the 3rd Respondent in freezing the bank accounts including the
    overdraft facility which is not even an asset of the Petitioner. Reliance
    is placed on several judgements to prove that an overdraft
    facility/cash credit are not supposed to be attached by Revenue
    authorities to recover any dues.

    25. I state that the contents of the remaining paragraphs
    in the counter are repetitive and lot of emphasis is given on amount
    being huge therefore recoverable and reply to that is not necessary
    since detailed explanation has been given to each point raised by the
    3rd Respondent in his counter affidavit. Irrespective of the quantum, it
    is submitted that due process of law ought to be followed and one
    cannot jump to conclusions and take harsh action of recovery causing
    severe despair to taxpayer. The contents of the counter affidavit are
    erroneous and therefore denied. The contents of the writ petition are
    reiterated not repeated herein for sake of brevity.

    26. I state that the company CBIGS Advertising Private
    Limited had filed a company petition with the National Company Law
    Tribunal Chennal in CP/109/CHE/2021 dated 19th August 2021
    seeking to wind up the company. NCLT, Chennai through its order
    dated 17th November 2021 directed the company to issue notice to all
    statutory authorities including the 3rd Respondent. It is further
    submitted that the company filed affidavit of service on 17th
    December 2021, reflecting that the 3rd Respondent was aware of the
    company being in the process of winding up and final orders are also
    passed by the NCLT Chennai. It is further submitted that nevertheless,
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    ignoring such developments and the process laid in the legislation the
    3rd Respondent proceeded to recover dues of the defaulted company
    without substantive evidence regards any amount due from the
    Petitioner to the company.

    27. I state that the Respondents have wrongly assumed
    and fastened the tax liability of the company M/s. CBIGS Advertising
    Pvt. Ltd. upon the Petitioner whereas private limited company
    liabilities are restricted to be paid by the directors only and cannot be
    recovered from another Firm.

    28. I state that there is one more account a Loan account,
    with Axis Bank owned by Ms. Preethika and Mr. Kandarp pandya and
    operated by them. The account was opened after a change of
    partnership deed in 2019. In this connection Axis bank have given
    proof of letter for both over draft and loan account.

    29. I state that while sending the letter to Axis bank, the
    3rd Respondent made the error of marking lien of Ex Director Mrs
    Seetha with her PAN and has mentioned the current director Mr
    S.Krishnan with his PAN number. The 3rd Respondent is not clear as
    to which director the dues are recoverable either the Past or Present
    directors.

    30. 1 state that the audited IT return filed by CBIGS
    Advertising Pvt Ltd to IT, ROC and to NCLT the statutory liability is
    only 25 Lakhs appx. Hence it shows there is dispute between the
    Respondent 3 and the defaulted company. The Defaulters company
    has written to the GST department about the liquidation with NCLT
    long back and also responded to GST Suppressing this fact and
    attached the bank accounts of the Petitioner’s company is illegal.

    31. I state that the Petitioner Firm has two OD/Loan
    accounts with Axis Bank bearing AC. No.919030097537634 &
    AC.No.923030005944472. Both the Loan/OD accounts have been
    opened only after Mrs. N. Seetha retired as the partner and after
    change of partnership deed in the year 2019 itself. The partners and
    the signatories post change of partnership deed are Mrs. Preethika
    and Mr. Kandarp Pandya and the property owned by Mrs. Preethika
    have been given to the bank as a security to avail the OD/Loan
    account. As such, now the bank is threatening to proceed with
    attaching the property and take possession. Therefore, the attachment
    of OD/Loan account is unjust, illegal and also not in the practise of
    GST Act. The loan and OD account held with Axis Bank bearing
    AC.No.919030097537634 & AG.No. 923030005944472 should be
    defreezed immediately.

    It is therefore prayed that this Hon’ble Court may be pleased to allow
    the Writ Petition and pass such further or other orders as this Hon’ble
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    court may deem fit and proper in the circumstances of the case and
    thus render justice.”

    21. I have considered the arguments advanced by the learned Senior

    Counsel for the petitioner in W.P.No.3204 of 2024, the learned counsel for the

    petitioner in W.P.Nos.16529 of 2024 and 6074 of 2026, the learned Additional

    Government Pleader for R1 to R3 in W.P.No.3204 of 2024, the learned Special

    Government Pleader for R1 to R3 in W.P.No.16529 of 2024, the learned

    Government Advocate for R1 to R3 in W.P.No.6074 of 2026, the learned

    counsel for R4 to R6 in W.P.No.3204 of 2024, and the learned counsel for R4 in

    W.P.No.6074 of 2026.

    22. As narrated above, the impugned recovery notices issued under

    Section 79(1)(c) read with 145(1) of the respective GST Rules in FORM GST

    DRC-13 seeks to attach the bank accounts of the respective petitioners. They

    arise on account of the default committed by CBIGS Advertising Pvt Ltd.,

    which was incorporated on 12.01.2009 and was subsequently ordered to be

    wound up voluntarily and liquidated by the NCLT by its Order dated

    29.10.2025.

    23. The application for its liquidation was filed under Sections 271(e) and

    272 of the Companies Act, 2013, though the said company failed to pay its

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    admitted tax liability on the supplies made and recorded in GSTR-1 during the

    Tax Period 2017-2018.

    24. During the aforesaid period, the petitioner in W.P.No.16529 of 2024,

    namely N.Seetha, was one of its directors. The respective impugned

    communications / recovery notices have been issued in light of the arrears of

    tax, which is recoverable in terms of Section 75(12) of the respective GST

    enactment from the company under liquidation, namely CBIGS Advertising

    Private Limited, pursuant to the Order dated 29.10.2025 of NCLT, Chennai.

    25. The scheme under Section 88(3) of the respective GST enactments

    makes it clear that when a private company is wound up and any tax, interest or

    penalty determined under this Act on the company for any period, whether

    before or in the course of or after its liquidation, cannot be recovered, then

    every person who was a director of such company at any time during the

    period for which the tax was due shall, jointly and severally, be liable for

    the payment of such tax, interest or penalty, unless he proves to the

    satisfaction of the Commissioner that such non-recovery cannot be attributed to

    any gross neglect, misfeasance or breach of duty on his part in relation to the

    affairs of the company.

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    26. Section 88 of the respective GST Enactments, which reads as under:-

    Section 88. Liability in case of company in liquidation
    (1) When any company is being would up whether under
    the orders of a Court or Tribunal or otherwise, every person
    appointed as receiver of any assets of a company (hereafter in this
    section referred to as the “liquidator”), shall, within thirty days after
    his appointment, give intimation of his appointment to the
    Commissioner.

    (2) The Commissioner shall, after making such inquiry
    or calling for such information as he may deem fit, notify the
    liquidator whith three months from the date on which he receives
    intimation of the appointment of the liquidator, the amount which in
    the opinion of the Commissioner would be sufficient to provide for
    any tax, interest or penalty which is then, or is likely thereafter to
    become, payable by the company.

    (3) When any private company is would up and any tax,
    interest or panalty determined under this Act on the company for any
    period, whether before or in the course of or after its liquidation,
    cannot be recovered, then every person who was a director of such
    company at any time during the period for which the tax was due
    shall, jointly and severally, be liable for the payment of such tax,
    interest or penalty, unless he proves to the satisfaction of the
    Commissioner that such non-recovery cannot be attributed to any
    gross neglect, misfeasance or breach of duty on his part in relation to
    the affairs of the company.”

    27. Since the petitioner in W.P.No.16529 of 2024 was a director of the

    said company from 2014-2015 to 2019-2020 (specifically, between 26.07.2014

    to 20.09.2019), she is liable. Thus, the amount of tax, penalty and interest that

    are due from the said company namely CBIGS Advertising Private Limited can

    be recovered from the petitioner in W.P.No.16529 of 2024, namely

    Mrs.N.Seetha. Since the petitioner in W.P.No.16529 of 2024, namely

    Mrs.N.Seetha is also the partner in the Petitioner in W.P. No. 3204 of 2024, the
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    amount due for the said company can be recovered from the account of the

    Petitioner in W.P.No. 3204 of 2024.

    28. The burden of proof that the tax default was not on account of the

    said petitioner i.e., the Petitioner in W.P. No. 16529 of 2024, but on account of

    Mrs. Rama Krishnan or Krishnan, is to be discharged only before the

    Commissioner, as is contemplated under Section 88(3) of the respective GST

    enactment.

    29. Therefore, the impugned notice in W.P.No.16529 of 2024, seeking to

    attach the bank account of the petitioner in W.P.No.16529 of 2024 namely

    Mrs.N.Seetha to recover a sum of Rs.2,66,42,308/- towards the liability of the

    company under liquidation, cannot be interfered with. At best, liberty can be

    given to the said petitioner in W.P.No.16529 of 2024, namely Mrs.N.Seetha to

    work out her remedy within the statutory framework of Section 88(3) of the

    respective GST enactments.

    30. Since the petitioner in W.P.No.16529 of 2024 is also a partner of

    CBIGS Apparels and Jewels (petitioner in W.P.No.3204 of 2024), the challenge

    to the impugned communication dated 19.10.2023 addressed to R4 to R6 in

    W.P.No.3204 of 2024 also cannot be countenanced, as the petitioner in

    W.P.No.16529 of 2024 namely Mrs.N.Seetha was the initial partner of the said
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    firm, after the execution and registration of the partnership deed on 13.11.2015

    and continued after default was made in the said company.

    31. Merely, because, the petitioner in W.P.No.16529 of 2024 resigned

    subsequently only on 28.06.2019, and in her place, her son-in-law, namely

    Mr.Kandarp Pandya, was inducted as a partner along with her daughter, namely

    Mrs. Preethika for the Petitioner therein in W.P. No. 3204 of 2024 is of no

    anvil. Incidentally, Mrs.N.Seetha, the petitioner in W.P.No.16529 of 2024, and

    her husband, namely Mr.S.Nagarajan, and also their daughter, namely

    Mrs.Preethika, were promoters / directors of the defaulting company, namely

    CBIGS Advertising Private Limited. Therefore, all are liable to be proceeded

    under Section 88(3) of the respective GST Enactments.

    32. Therefore, the challenge to the impugned communication issued to R4

    to R6 impugned in W.P.No.3204 of 2024 on account of tax arrears from the

    directors of the defaulting company, namely CBIGS Advertising Private

    Limited from its directors, namely Mrs.N.Seetha, the petitioner in

    W.P.No.16529 of 2024, and her daughter, namely Mrs. Preethika, and her

    husband, namely Mr.S.Nagarajan, cannot be countenanced.

    33. Therefore, W.P.No.16529 of 2024 and W.P.No.3204 of 2024 are

    liable to be dismissed. However, it is open for these persons to substantiate their
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    case in terms of Section 88(3) of the respective GST enactments before the

    competent authority.

    34. As far as the writ petition filed by Yantur Manufacturing Pvt Ltd in

    W.P.No.6074 of 2026 is concerned, it is noticed that the said company was

    incorporated on 25.11.2020 with the said Mrs.Preethika and her husband,

    namely Mr.Kandarp Pandya, as its Promoters / Directors. They have subscribed

    to 30,000 shares each, out of 1,00,000 shares of Rs. 10 each.

    35. The said company has been incorporated with different activities,

    namely:-

    “To manufacture all types of Chemical products such as
    medicines, drugs, vitamins, tonics, ointments, vitality tablets,
    chemicals, spirits, mixtures, powders, tablets, pills, capsules,
    injections, balms, oils, compounds, extracts, tincture, mouth
    washes, cosmetics, toiletries, soaps, detergents, shampoo, creams,
    scents, perfumes and perfumery products including deodorizers,
    perfumed bath salts, flavors, sprays, scalp lotions, hair oil, hair
    dyes and tooth pastes and other goods used in nature cure or any
    other units.

    2. To engage in the business of manufacturing, distributing,
    supply, market and sale of Chemical products such as Cold relief
    oil, Pain balm, Roll-ons, Sugar free and sugared tablets and
    powdered form, Dhoop sticks and Agarbattis, Hand sanitizer,
    Floral water, Mineral water, Fruit drinks and all kinds of allied
    products.

    3. To manufacture Chemical products such as soaps, classic
    medicines, Hair oil, Shampoo, Diabetic medicines, Vitality tablets,
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    W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026

    Slimming capsules, Cough syrup, Antacid, Herbal powder and
    Herbal drinks, Sugar free and Sugared Stevia and all kinds of allied
    products in sachet and pet bottles or otherwise”

    36. In the said company also Mrs. Seetha Nagarajan, the petitioner in

    W.P.No.16529 of 2024, served as a director on 30.11.2021 and later resigned on

    28.03.2023. The records filed before this Court, particularly Form No. DIR-12,

    show that Mrs. Seetha Nagarajan was the director of the said company from

    30.11.2021 until her resignation on 28.03.2023 under Section 168 of the

    Companies Act, 2013. This form has been signed by Mr. Sundaram Nagarajan,

    who is the husband of Mrs. N. Seetha, the father of Mrs. Preethika and the

    father-in-law of Mr.Kandarp Pandya.

    37. In fact, the list of directors of the defaulting company, furnished by

    the petitioner in W.P.No.16529 of 2024, states that Mr. Sundaram Nagarajan

    was also a director of the company between 12.01.2009 and 31.10.2013 along

    with his daughter Mrs.Preethika, who later served between 04.02.2009 and

    31.03.2013. Prima facie indications are that all the companies and partnerships

    have been incorporated, and the seat of directors and partners have been

    swapped among the family members.

    38. Prima facie indications are that the incorporation of the petitioner in

    W.P.No.6074 of 2026 was also for the purpose of avoiding payment of tax
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    W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026

    arrears and may warrant lifting of the corporate veil, though the said company is

    an independent entity and is liable to tax.

    39. However, the facts show that the petitioner in W.P.No.16529 of 2024,

    namely Mrs. N. Seetha, her husband Mr. Nagarajan, and their daughter

    Mrs.Preethika, along with her husband Mr.Kandarp Pandya, have incorporated

    the said company, namely Yantur Manufacturing Private Limited, the Petitioner

    in W.P. No. 6074 of 2026. Mr.Nagarajan also continues to be its director, he

    was also a director of the CBIGS Advertising Private Limited. Therefore, there

    is scope for lifting the corporate veil.

    40. In the light of the above discussions, all these writ petitions are liable

    to be dismissed, and are accordingly, dismissed. No costs. Connected

    miscellaneous petitions are closed.

    07.07.2026
    av/raja

    Neutral Citation : Yes / No

    To

    1.The Joint Commissioner
    Nungambakkam Assessment Circle,
    GST, Greams Road, Chennai- 06.

    __________
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    W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026

    2.The Assistant Commissioner (st)
    Nungambakkam Assessment Circle,
    No. 88, Mayor Ramanathan Salai,
    Chetpet, Chennai – 600 031.

    3.The State Tax Officer
    Nungambakkam Assessment Circle,
    No.88, Mayor Ramanathan Salai,
    Chetpet Chennai – 600 031.

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    W.P.Nos.3204 & 16529 of 2024 and 6074 of 2026

    C.SARAVANAN, J.

    av/raja

    Pre-delivery Order in
    W.P.Nos. 3204 & 16529 of 2024
    and
    W.P.No.6074 of 2026

    07.07.2026

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