Madras High Court
Tvl.Anees Plastic Industries vs The State Tax Officer / on 28 November, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.34525 OF 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.34525 of 2025 AND
W.M.P.(MD)No.27304 and 27305 of 2025
Tvl.Anees Plastic Industries,
Rep. by its Proprietor A.Mohamed Yasin,
GSTIN 33AEWPM6460L1ZT,
S1/16A, NA, SIDCO Industrial Estate,
Thuvakudi,
Tiruchirappalli – 620 015. ... Petitioner
Vs.
1. The State Tax Officer /
The Commercial Tax Officer,
Tiruverumbur Assessment Circle,
C.T.Buildings, Trichy – 620 020.
2. The State of Tamil Nadu,
Rep. by its Secretary,
Commercial Taxes Department,
Fort St. George, Chennai – 600 009.
3. Union of India,
Secretary to the Government of India,
Ministry of Finance(MOF), Raj Path Marg, 'E' Block,
Central Secretariat,
New Delhi – 110 011. ... Respondents
Prayer: Writ petition filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorari, to call for the
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2 W.P.(MD)NO.34525 OF 2025
records on the file of the third respondent in notifications issued in
Notification No.09/2023-Central Tax dated 31.03.2023, along with
its notification No.56/2023-Central Tax dated 28.12.2023 on the file
of the third respondent herein corresponding second respondent's
proceedings in G.O.Ms.No.41 dated 05.04.2023 and consequential
assessment order passed by the first respondent in GSTIN:
33AEWPM6460L1ZT/2019-20 dated 29.08.2024 vide reference
No.ZD330824273512E dated 29.08.2024) for the assessment year
2019-20 and quash the same as ultra vires Section 168A of the
Central Goods and Services Tax Act, 2017, cannot act retrospectively
apart from being violative of Article 14, 246A and 265 of the
Constitution of India, 1950.
For Petitioner : Mr.N.Sudalai Muthu
For R-1 & R-2 : Mr.R.Suresh Kumar,
Additional Government Pleader.
***
ORDER
The petitioner is before this Court challenging the impugned assessment order dated 29.08.2024 for the assessment year 2019- 2020. This writ petition has been filed long after the assessment order has been passed.
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2.The petitioner had also challenged the notification issued under Section 168A of the Goods and Services Tax Enactments, 2017. It is also noticed that the petitioner has not replied to the notices that proceeded the impugned order. Ordinarily, this Court may have intervened by putting the petitioner to terms with the consistent view followed by this Court.
3.However, it is noticed that a detailed order has recently been passed by the Principal Bench of this Court in a batch of cases in M/s.Tata Play Limited vs. Union of India and others, reported in 2025 (7) TMI 772, wherein impugned notification issued under Section 168 A of the Act has been quashed with certain directions. The operative portion of the said order reads as under:
“10. Conclusion:
i) The authorities under the CGST Act shall have the benefit of exclusion of the period 15.03.2020 to 28.02.2022, while reckoning limitation under sub section (2) and (10) to Section 73 of CGST Act, in terms of the of the Supreme Court dated 10.01.2022 passed under Article 142 of 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 01:08:14 pm ) 4 W.P.(MD)NO.34525 OF 2025 the Constitution.
ii) Notification Nos.9 and 56 of 2023 stands vitiated and illegal for the following reasons:
a) It results in diminishing / curtailing the limitation which was otherwise available in view of the order of the Hon'ble Supreme Court under Article 142 of Constitution, and thus contrary to the object of Section 168A of CGST Act.
b) It proceeds on an erroneous assumption of the limitation available and a misconception as to the scope and effect of the order of Hon'ble Supreme Court under Article 142 of Constitution. The impugned notification made on an erroneous assumption of the position in law is unsustainable on the ground of being arbitrary.
c) The impugned notification results in extinguishing vested right of action with the authorities under CGST Act by diminishing the limitation thus suffers from the vice of arbitrariness.
d) The impugned notification is issued on the basis of recommendation made without examining relevant materials discussed supra and thus stands vitiated.
e) In addition to the above reasons, impugned notification No.56/2023 is made even 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 01:08:14 pm ) 5 W.P.(MD)NO.34525 OF 2025 prior to the recommendations of the GST Council, failure to comply with the statutory mandate renders the notification illegal.
f) The impugned notification No.56/2023 is issued on the basis of the recommendations of GIC which cannot be a substitute for GST Council and thus stands vitiated.”
4.The said order has been followed by this Court in several cases including the order passed in W.P.(MD)No.19943 of 2025 vide order dated 23.07.2025.
5.In view of the above, this writ petition is disposed of by quashing the impugned assessment order and the case is remitted back to the respondents to pass fresh order on merits. The attachment made in the petitioner's bank account shall stand lifted forthwith and without any delay.
6.However, it is open to the respondents to proceed further in the light of the final order to be passed by the Hon'ble Supreme Court under similar circumstances in the case of HCC-SEW-MEIL- 5/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 01:08:14 pm ) 6 W.P.(MD)NO.34525 OF 2025 AAG JV Vs. Assistant Commissioner of State Tax (S.L.P.No.4240 of 2025) against the order of the Telegana High Court. No costs. Consequently, connected miscellaneous petitions are closed.
28.11.2025
NCS : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
To:
1. The State Tax Officer /
The Commercial Tax Officer,
Tiruverumbur Assessment Circle,
C.T.Buildings, Trichy – 620 020.
2. The State of Tamil Nadu,
Rep. by its Secretary,
Commercial Taxes Department,
Fort St. George, Chennai – 600 009.
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7 W.P.(MD)NO.34525 OF 2025
G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.34525 of 2025
28.11.2025
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