M A N S Nadar And Co vs. The Appellate Deputy Commissioner (St) (GST)

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WP(MD)/12363/2026HC MadrasGSTCNR HCMD01059216202627 April 2026Bench: HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY6 pages
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Facts

The petitioner challenged an order passed under Section 62 of the GST Act for failing to file monthly returns. The petitioner expressed readiness to file the returns.

Held

The Court held that once the monthly returns are filed, reassessment will be automatically carried out as per Section 62(2). The petitioner is required to pay interest and late fees before filing.

Key Issues

Whether the petitioner can file returns after the assessment order is passed and what are the consequences of filing late returns.

Sections Cited

Section 62, Section 62(1), Section 62(2)

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Before: and

The writ petition is filed challenging the impugned order dated 08.10.2025. 2. Heard Mr.S.Muthu Kumar Raja, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader, who takes notice on behalf of the respondents.

3.

Upon hearing the learned counsel appearing for the petitioner and perusing the material records of the case, it is observed that the impugned order is an order passed under Section 62 of the GST Act, 2017, as the petitioner did not file the monthly returns on the GSTN portal. 2 https://www.mhc.tn.gov.in/judis

4.

The learned counsel appearing for the petitioner submits that the petitioner is now ready to file the monthly returns.

5.

The learned Additional Government Pleader appearing on behalf of the respondents submitted that the impugned order need not be challenged, as once the monthly returns are uploaded, reassessment will automatically be carried out in accordance with Section 62(2) of the GST Act, 2017. 6. I have considered the rival submissions made by both sides and perused the material records of the case.

7.

When the petitioner failed to file the returns within the stipulated time, an order was passed under Section 62(1) of the Act. Subsequently, now that the petitioner is willing to file the returns, even though it is true that the petitioner is dealing with exempt goods, namely salt, the petitioner is still required to pay the requisite interest and late fee as per Section 62(2) of the Act. Thereafter, the matter will be considered by the appropriate authorities in accordance with the law. 3 https://www.mhc.tn.gov.in/judis

8.

With the liberty to furnish the returns kept open to the petitioner, as mandated under Section 62(2) of the Act, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 27.04.2026 Neutral Citation: No rgm 4 https://www.mhc.tn.gov.in/judis To 1. The Appellate Deputy Commissioner (ST) (GST), Reserve Line Road, Palayamkottai, Tirunelveli.

2.

The Assistant Commissioner (ST-1), Tuticorin-III Assessment Circle, Tuticorin-III, No.6R, North Cotton Road, Thoothukudi, Tamil Nadu – 628 001. 5 https://www.mhc.tn.gov.in/judis D.BHARATHA CHAKRAVARTHY

, J.

rgm and W.M.P(MD)Nos.9357 and 9359 of 2026 27.04.2026 6 https://www.mhc.tn.gov.in/judis

Reproduced from the public record of the Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.