Tvl. T Vjayakumar vs. The Deputy State Tax Officer
Original PDF →Facts
The petitioner, Tvl.T.Vijayakumar, a civil contractor, failed to file GST returns for July 2024. The respondent, The Deputy State Tax Officer, issued a Form GST ASMT-13 order on 25.09.2024, under Section 62 of the TNGST Act, 2017, assessing the tax liability to the best of their judgment. This order was passed after a Form GSTR 3A notice was issued on 24.08.2024. Subsequently, the petitioner filed their returns belatedly on 29.03.2025. The petitioner challenged the assessment order as cryptic, non-speaking, illegal, arbitrary, and without jurisdiction via a writ petition.
Held
The Court held that the impugned order making best judgment assessment stands automatically withdrawn in application of the statutory mandate set out in Section 62(2) of the TNGST Act, 2017. The reasoning was that once the petitioner filed their returns belatedly on 29.03.2025, even though beyond the statutory time limit for filing late returns (which courts have held not to be mandatory), the assessment order is deemed to have been withdrawn. The Court declared the impugned order as automatically withdrawn. It was further directed that it is open to the respondent to verify the returns filed by the petitioner. If there is any short payment, a fresh show cause notice can be issued. Any amount already collected from the petitioner shall be adjusted against future liabilities, and the attachment made on the petitioner's bank account shall stand lifted automatically.
Key Issues
1. Whether the best judgment assessment order passed under Section 62(1) of the TNGST Act, 2017, stands automatically withdrawn upon the filing of a valid return within thirty days of the service of the assessment order, as stipulated in Section 62(2) of the Act? Petitioner's arguments: The petitioner contended that once a belated return was filed, the assessment order under Section 62(1) is deemed to have been withdrawn in terms of Section 62(2) of the Act. They argued that the time limit for filing late returns is not mandatory and that courts have held this position. Therefore, the impugned order should be quashed. Respondent's arguments: The judgment records no specific arguments from the respondent. However, the respondent issued the assessment order under Section 62 of the TNGST Act, 2017, for non-filing of returns.
Sections Cited
Section 62, Section 39, Section 45, Section 46, Section 44, Section 50, Section 47, Section 73, Section 74
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Before: and
Heard both sides. 2.The writ petitioner is an assessee coming under the juri iction of the respondent. The petitioner failed to file their returns for the month of July 2024. Section 62 of the Tamil Nadu Goods and Service Tax Act, 2017 reads as follows:- “62.Assessment of non-filers of returns. (1)Notwithstanding anything to the contrary contained in section 73 or section 74, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgment taking into account all the relevant material which is available or which he has gathered and issue an 2/5 https://www.mhc.tn.gov.in/judis assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates. (2) Where the registered person furnishes a valid return within thirty days of the service of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continue.” Invoking the said provision, Form GSTR 3A notice was issued on 24.08.2024. Thereafter, the impugned order was passed on 25.09.2024. While so, the petitioner herein filed their returns belatedly on 29.03.2025. Though the statute prescribes time limit of 60 days for filing the late returns, Courts have held that this time limit is not mandatory. Once the late return has been filed, the order making best judgement assessment is deemed to have been withdrawn. Applying the statutory mandate set out in Section 62(2) of the Act, it is declared that the impugned order stands automatically withdrawn. It is open to the respondent herein to verify the returns filed by the writ petitioner. If there 3/5 https://www.mhc.tn.gov.in/judis is any short-payment, fresh show cause notice can be issued making appropriate demand from the assessee. The amount already collected from the writ petitioner shall be adjusted against the petitioner's future liabilities. The attachment made on the writ petitioner's bank account shall stand lifted automatically. 3.With the aforesaid liberty to the respondent, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
2025
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Deputy State Tax Officer, Nagercoil - 2 Assessment Circle, Commercial Taxes Building, Nagercoil. 4/5 https://www.mhc.tn.gov.in/judis G.R.SWAMINATHAN, J. MGA
2025 5/5 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.