Golden Homes Private Limited vs. State Tax Officer- I And Others
(Madras High Court, Tamilnadu)

Case Law
Petitioner / Applicant
Golden Homes Private Limited
State Tax Officer- I And Others
Madras High Court
Mar 8, 2021
Order No.
Writ Petition Nos.2049 & 2050 of 2021 And WMP.Nos.2321 & 2322 of 2021
TR Citation
2021 (3) TR 4048
Related HSN Chapter/s
Related HSN Code



Heard Mr.N.Murali, learned counsel for the petitioner and Mr.R.Swarnavel, learned Government Advocate for the respondents.

2.Though the impugned orders dated 28.11.2020 and 21.11.2020 passed by the first respondent in terms of the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 (in short ‘Act’) have been challenged on various grounds, the sole ground that is urged before me is the lack of opportunity extended to the petitioner prior to passing of the orders as the petitioner has not been heard in person.

3.Considering the issue of whether personal hearing has to be granted prior to finalization of proceedings in terms of Section 73, I have in WP.No.13652 of 2020 held that Section 74(5) mandated a personal hearing to be granted in all matters prior to finalization of assessments. In light of the admitted position that the petitioner has not been granted a personal hearing prior to finalization of the impugned proceedings, the impugned orders in regard to the periods 2017-18 and 2018-19 are set aside.

4.The petitioner will appear before the State Tax Officer-1/R1 on Monday, the 22nd of March, 2021 at 10.30 a.m. without expecting any further notice in this regard. After hearing the petitioner and considering supporting evidences if any, filed by it, orders of assessment de novo shall be passed within a period of six (6) weeks from the date of personal hearing, in accordance with law.

5.This writ petition is disposed in the aforesaid terms. Connected Miscellaneous petitions are also closed. No costs.

  • Home
  • /
  • caselaw
  • /
  • golden homes private limited vs state tax officer i and others madras high court

BUSY is a simple, yet powerful GST / VAT compliant Business Accounting Software that has everything you need to grow your business.

phone Sales & Support:

+91 82 82 82 82 82
+91 11 - 4096 4096