Madras High Court
Tax LawAdministrative and Public Law

Tax officers must explore alternative service modes after unanswered portal notices.

Tvl ESGI Garments Pvt Ltd, vs The Stae Tax officer

Madras High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Tax officers must explore alternative service modes after unanswered portal notices.. Tvl ESGI Garments Pvt Ltd, vs The Stae Tax officer. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the respondent’s assessment order dated 23 December 2025 for FY 2021–22.

Source reference: p. 2–4

The show-cause notice and related communications had been uploaded to the GST portal, but the petitioner said it was unaware of them and had not received the original notice.

Source reference: p. 2–4

The petitioner did not respond within time, and the assessment order was passed without a personal hearing.

Source reference: p. 2–4

The respondent acknowledged that no personal hearing had been given and agreed to remand subject to payment of 25% of the disputed tax.

Source reference: p. 2–4

The petitioner offered to make that payment.

Source reference: p. 2, 5
02

Issues

1. Whether the assessment order should be set aside and the matter remanded when the petitioner did not respond to notices uploaded to the GST portal and was not given a personal hearing

Source reference: p. 2–4

2. Whether remand should be conditional on the petitioner paying 25% of the disputed tax

Source reference: p. 5
03

Law Applied

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

Source reference: p. 3–4

Portal service is sufficient service; however, where a taxpayer does not respond to notices sent through one mode, the officer should consider other available modes under Section 169(1), preferably registered post with acknowledgment due, to secure effective service.

Source reference: p. 3–4

The Court also applied the requirement of a meaningful opportunity of personal hearing before deciding the matter.

Source reference: p. 2–3, 5

No precedent was cited.

Source reference: no citation
04

Reasoning

Although the show-cause notice had been uploaded to the GST portal, the petitioner claimed it had no knowledge of it, and the respondent admitted that no personal hearing had been provided.

Source reference: p. 3–4

The Court held that, in the absence of a response to portal notices, the officer should have explored other statutory modes of service; merely completing formalities before passing an ex parte order would not ensure effective service.

Source reference: p. 3–4

In light of the petitioner’s offer to pay 25% of the disputed tax, the Court set aside the assessment order and remanded the matter on that condition.

Source reference: p. 5
05

Holding

The writ petition was disposed of by setting aside the order dated 23 December 2025 and remanding the matter, subject to the petitioner paying 25% of the disputed tax within four weeks of receiving the Court’s order; the setting aside takes effect upon payment.

The petitioner must file its reply and supporting documents within three weeks of payment.

Source reference: p. 5

The respondent must then issue 14 days’ clear notice fixing a personal hearing, consider the petitioner’s submissions, and pass a fresh order on the merits and in accordance with law.

Source reference: p. 5

No costs were ordered.

Source reference: p. 6
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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Tvl ESGI Garments Pvt Ltd,vsThe Stae Tax officer

Madras High Court · October 07, 2026

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