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Madras High Court Stays GST Order Over Unsigned Order and Change in Adjudicating Officer

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The Madras High Court consisting of  Justice Senthilkumar Ramamoorthy has granted an interim stay on an impugned tax adjudication order after the petitioner raised objections concerning the validity of the order and the authority of the officer who passed it.

During the hearing, the principal grounds of challenge centred on two procedural and jurisdictional issues. First, the petitioner contended that the detailed adjudication order was unsigned. Second, the petitioner questioned the validity of the adjudication on the ground that it had been carried out by a State Tax Officer even though the show cause notice had been issued by an Assistant Commissioner.

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These objections prompted the High Court to grant interim protection pending further consideration of the matter.

The High Court recorded that the respondent’s Government Advocate accepted notice and sought a short accommodation to obtain instructions from the department.

Considering the issues raised by the petitioner, particularly the alleged absence of a signature on the detailed order and the difference between the officer who issued the show cause notice and the officer who conducted the adjudication, the Court ordered an interim stay of the impugned order until the next hearing date.

The matter has been directed to be listed on September 11, 2026.

The question assumes importance because an adjudication order is the culmination of the tax proceedings against a taxpayer, and the validity of the order can be questioned where procedural requirements concerning the making and authentication of the order are alleged to have been breached.

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Nikhil Bhandari
Nikhil Bhandari
Nikhil Bhandari is a Chartered Accountant and a Indirect Tax professional with over 5 years of post-qualification experience in tax advisory, compliance management, and tax process optimization. Associated with SDU LLP since August 2015 spanning his articleship through to his current role as Assistant Manager Nikhil has uniquely navigated India’s transition from the legacy tax regime into the GST era.His expertise encompasses both strategic advisory and Indirect Tax litigation, where he represents clients in complex disputes across the manufacturing, service, and e-commerce sectors. By providing high-level counsel to corporate leadership, he ensures that tax positions are not only robust and compliant but also structured for long-term operational efficiency.Beyond his core practice, Nikhil is a proactive contributor to the GST ecosystem. He is dedicated to tracking and analyzing judicial precedents from various High Courts and the Supreme Court, fostering greater clarity and ease of access to tax intelligence for the wider professional community.

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