Madras High Court
Tax LawAdministrative and Public Law

GST officers must explore alternative statutory service modes when portal notices receive no response.

Sai Seyon Cocos, vs The Deputy Commercial Tax Officer

Madras High CourtJUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
GST officers must explore alternative statutory service modes when portal notices receive no response.. Sai Seyon Cocos, vs The Deputy Commercial Tax Officer. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the respondent’s order in Form GST DRC-07 dated 27 December 2025.

Source reference: p. 1–3

Notices had been uploaded to the GST portal, but the petitioner said its consultant had not viewed them and that it was unaware of the proceedings.

Source reference: p. 1–3

The respondent acknowledged that no personal hearing had been provided.

Source reference: p. 1–3

The petitioner offered to pay 25% of the disputed tax and sought a fresh opportunity to present its case; the respondent consented to remand on that condition.

Source reference: p. 1–3

The Court noted that the show-cause notice had been uploaded to the portal and that the impugned assessment confirmed its proposals without a personal hearing.

Source reference: p. 3
02

Issues

Whether the assessment order should be set aside and the matter remanded where notices were uploaded to the GST portal, the petitioner did not respond, and no personal hearing was provided.

Source reference: p. 3–4

Whether remand should be conditional on payment of 25% of the disputed tax.

Source reference: p. 2, 4–5
03

Law Applied

Section 169(1) of the GST Act recognises specified modes of service, including service through the GST portal and other prescribed modes.

Source reference: p. 3–4

Although portal service is sufficient, where a taxpayer does not respond to notices sent through one mode, the issuing officer should consider other available modes—preferably registered post with acknowledgment due—to make service effective.

Source reference: p. 3–4

The Court also treated the absence of a personal hearing as a relevant procedural deficiency in the circumstances of this case.

Source reference: p. 3, 5

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court accepted that uploading the notices to the portal constituted a valid mode of service, but considered that the petitioner’s failure to respond should have prompted the respondent to explore other modes permitted by Section 169(1), rather than proceed on portal service alone.

Source reference: p. 3–5

In addition, the respondent admitted that no personal hearing had been afforded.

Source reference: p. 3–5

Given these circumstances, and the petitioner’s undertaking to pay 25% of the disputed tax, the Court found it appropriate to set aside the order and remit the matter for fresh consideration.

Source reference: p. 3–5
05

Holding

The writ petition was disposed of by setting aside the order dated 27 December 2025 and remanding the matter to the respondent, subject to the petitioner paying 25% of the disputed tax within four weeks of receiving the order.

The setting aside takes effect upon payment.

Source reference: p. 5

The petitioner must file its reply and supporting documents within three weeks after payment; the respondent must then give 14 days’ clear notice of a personal hearing and pass fresh orders on the merits and in accordance with law.

Source reference: p. 5

No costs were ordered, and the connected miscellaneous petition was closed.

Source reference: p. 5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Central Goods and Services Tax Act, 20171

Madras High Court

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Sai Seyon Cocos,vsThe Deputy Commercial Tax Officer

Madras High Court · October 09, 2026

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