P. Athimoolam Contractor V. Deputy Commissioner of Commercial Taxes

Case Title

P.Athimoolam Contractor vs Deputy Commissioner
of Commercial Taxes

Court

Madras High Court 

Honorable Judges

JUSTICE C.SARAVANAN

Citation

2023 (09) GSTPanacea 231 HC Madras

W.P.No.27054 of 2023 and W.M.P.No. 26495 of 2023

Judgment Date

14-September-2023

Mrs. E. Ranganayaki, a knowledgeable Special Government Pleader, has taken notice on behalf of the respondents in a legal matter. Initially, it’s observed that the petitioner has apparently suffered from severe injustice. This injustice stems from the delay in paying taxes owed for the months of September and October 2019, which were eventually settled by the petitioner on 11th November 2020. The payments were made concurrently with the filing of returns in March, as per Form GSTR-3B under Rule 61(5) of the GST Act. Moreover, an additional amount of Rs. 4,13,222/- has been recovered in connection with this matter, pursuant to an order issued on 6th December 2022.

This order, referred to as GST ASMT-10, appears to be significant in the context of resolving the issues related to the delayed tax payments. It is this order that has led to the recovery of the mentioned sum. However, the circumstances surrounding the issuance of this order, including its validity and procedural correctness, may warrant further scrutiny.

The situation presents a complex legal scenario where the petitioner has been compelled to address tax liabilities retrospectively, facing financial repercussions as a result. The belated payments and subsequent recovery raise questions about the fairness and efficacy of the tax administration process.

In essence, Mrs. E. Ranganayaki’s involvement signifies the official response to the petitioner’s claims and the legal actions taken by the respondents. The case underscores the importance of examining the procedural aspects, fairness, and potential consequences of tax-related decisions, ensuring equitable treatment for all parties involved.

On August 18, 2020, and December 26, 2020, notices were issued to the petitioner regarding certain matters, with a subsequent notice in the DRC-01 format sent on February 21, 2022. However, despite these notifications, the petitioner failed to respond, leading to the passing of the order on December 6, 2022, attributing fault to the petitioner for non-compliance.

However, upon examination of the overall circumstances and noting that the petitioner appeared to have fulfilled their tax obligations by paying the requisite amount and filing the return in GSTR-3B for the period ending March 2020 on November 11, 2020, the court is inclined to set aside the previous order. Consequently, the case will be remitted back to the respondents for a fresh decision based on merits and in accordance with the law within thirty days from the receipt of this order.

Moreover, any amount recovered directly from the petitioner’s bank account on May 5, 2023, shall either be refunded or adjusted, depending on the final outcome of the proceedings. In the interim, the petitioner is granted the opportunity to file a fresh representation with the respondents within one week from receiving a copy of this order.

In this writ petition, the matter at hand has been addressed and resolved, leading to its disposal by the relevant authorities. No additional costs are incurred in this process. As a result, any associated writ miscellaneous petitions that are related to this case are also considered closed. This conclusion signifies the culmination of legal proceedings regarding the issues raised in the petition.

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P.Athimoolam Contractor

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