Madras High CourtWP/1147/2006disposed of

Tamilnadu Chit Fund Companies v. Union Of India,Ministry Of

2024-04-08Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Tamil Nadu Chit Fund Companies Association Rep. by its Secretary M.Krishna Bhaarathy B.16, Chellam Talkies Road Pollachi.

Petitioner Vs.

1. Union of India, Ministry of Finance Rep. by the Secretary Ministry of Law, Justice and Company Affairs Government of India, Shastri Bhavan, R.P.Marg New Delhi - 110 002.

2. Central Board of Direct Taxes, Rep. by its Secretary Government of India, Ministry of Finance Department of Revenue, New Delhi.

3. Commissioner of Income Tax Race Course Road, Coimbatore.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of declaration, declaring Section 115 WA to WL of the Income Tax Act, 1961 as introduced by the Finance Act, 2005, as well as the rules made in the Income Tax Rules, 1962 as ultra vires Articles 14, 19(1)(g) of the Constitution of India insofar as the petitioner's members are concerned.

For the Petitioner : No Appearance For the Respondents : Mr.V.Mahalingam Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Mahalingam, learned Standing Counsel for the respondents.

2. Sections 115 WA to 115 WL of the Income Tax Act, 1961, are assailed in the present writ petition.

3. It is submitted that the provisions assailed in the present writ petition no longer find place in the statute book and the same are removed by the Finance Act 2 of 2009 with effect from 01.04.2010.

4. No consequential relief is claimed in the writ petition. As the writ petition is now only academic, we need not decide the prayer made in the writ petition.

5. The writ petition, as such, stands disposed of. There shall be

no order as to costs. Consequently, W.P.M.P.Nos.1274 of 2006 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :

Yes/No :

Yes/No drm To

1. The Secretary Union of India, Ministry of Finance Ministry of Law, Justice and Company Affairs Government of India Shastri Bhavan, R.P.Marg New Delhi - 110 002.

2. The Secretary, Central Board of Direct Taxes Government of India Ministry of Finance, Department of Revenue New Delhi.

3. Commissioner of Income Tax Race Course Road, Coimbatore.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 08.04.2024