(Prayer: Writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned demand order of the respondent made in Reference No.ZD330824224134P dated 24.08.2024 and quash the same.)

1. Mr.C.Harsha Raj, learned Special Government Pleader(Taxes) takes notice for the Respondent.

2. The Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the Petitioner and the learned Special Government Pleader(Taxes) for the Respondent.

3. The writ petition has been filed challenging the impugned order bearing GSTIN:33ABPPS7154M1ZX/2019-2020 dated 24.08.2024 along with the summary of the order in Reference No.ZD330824224134P dated 24.08.2024.

4. The impugned order was preceded by show-cause notice and the petitioner replied by saying that he paid the entire tax liability and produced challan for the same. The respondent found that the petitioner failed to pay the interest due on the tax liability and by impugned order, fixed the interest liability and directed the petitioner to pay the amount within a period of three months.

5. It is noticed that limitation for filing an appeal under GST enactment is already expired and therefore, the petitioner has filed the present writ petition mainly on the averment that the impugned order passed by the second respondent was digitally signed and uploaded in the portal and the same was not known to the petitioner.

6. The learned counsel for the petitioner submitted that since the entire tax liability has been paid by the petitioner and the dispute is only in respect of the interest component, an opportunity may be given to the petitioner to de novo adjudication. The statement made by the learned counsel for the petitioner is recorded.

7. Under similar circumstances, orders have been passed quashing the impugned demand and cases have been remitted back to the Assessing Officer for fresh consideration on condition the assessee shall deposit 10% to 100% of the disputed tax depending upon the length of the delay in approaching this Court. I do not find any reason to take a different view in this case.

8. By taking into consideration the balance of convenience and the interest of both the parties, the impugned order is set aside and the matter is remitted back to the file of respondent to pass fresh orders on merits subject to the condition that petitioner shall deposit 50% of the disputed tax amount as demanded in the impugned order.

9. The petitioner is at liberty to file a reply to the show cause notice preceded the impugned order within a period of four weeks from today. The petitioner shall deposit 50% of the disputed tax amount within a period of four weeks from today.

10. In case the petitioner fails to comply with any of the conditions, the respondent is at liberty to proceed against the petitioner to recover the tax in accordance with the law as if this writ petition was dismissed in limine today.

11. If the petitioner complies with the conditions, the respondent shall proceed to pass fresh orders on merits and in accordance with the law within a further period of six weeks.

12. With this direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

13. It is made clear that if the petitioner already deposited the entire tax liability as per the impugned demand notice, the petitioner need not deposit 50% of the disputed amount once again and the petitioner shall produce the challan for payment before the respondent.