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Madras High CourtWP/1759/2020withdrawn dismissed

Flowserve India Controls Private Limited, v. Assistant Commissioner (St),

2024-02-06Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2024

CORAM

THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ AND W.M.P.Nos.2035, 2037 & 2041 of 2020 Flowserve India Controls Private Limited, Represented by Nagbhushan Rao Finance Controller, H117 Boulevard Villa, No.4 Kuppakari Amman Koil Street, Thiruteri Village, SP Koil Post, Chengleput District - 603 204.

.. Petitioner in all WPs Vs.

Assistant Commissioner (ST) Avinashi Road Assessment Circle, Coimbatore.

.. Respondent in all WPs Prayer in WP.No.1759 of 2020: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records on the files of the respondent herein, in CST/268755 of 2012-13 dated 18.11.2019 as revised in CST/268755 of 2012-13 dated 07.01.2020 and quash the same in so far as it relates to differential tax, between 14.5% and 5% on the turnover of Rs.17,68,80,345/- on the inter-State sale of capital goods being, industrial pumps.

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Prayer in WP.No.1763 of 2020: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records on the files of the respondent herein in CST/268755 of 2014-15 dated 11.10.2019 as revised in CST/268755 of 2014-15 dated 13.11.2019 and further revised in CST/268755 of 2014-15 dated 06.01.2020 and quash the same in so far as it relates to differential tax, between 14.5% and 5% on the turnover of Rs.14,68,30,836/- on the inter-State sale of capital goods being, industrial pumps.

Prayer in WP.No.1767 of 2020: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records on the files of the respondent herein in CST/268755 of 2013-14 dated 14.10.2019 as revised in CST/268755 of 2013-14 dated 13.11.2019 and further revised in CST/268755 of 2013-14 dated 03.01.2020 and quash the same in so far as it relates to differential tax, between 14.5% and 5% on the turnover of Rs.53,34,938/- on the inter-State sale of capital goods being, industrial pumps. For Petitioner in all WPs : Mr.N.Prasad For Respondent in all WPs : Mr.M.Venkateswaran Special Government Pleader COMMON ORDER (Order of the court was made by R. MAHADEVAN, J.) Based on the letter dated 01.02.2024 filed by the learned counsel for the petitioner before the Registry, these writ petitions have been listed today under 2/4

the caption "for withdrawal".

2. When these matters are taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw these writ petitions, as the petitioner is inclined to file an application under Samadhan Scheme, announced by the State Government to settle the pending disputes arising from the TNVAT Act, 2006. He has also made an endorsement to that effect in the Court bundle.

3. In view of the above submission and the endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as withdrawn. No costs. Connected miscellaneous petitions are closed. [R.M.D, J.] [M.S.Q, J.] 06.02.2024 av To Assistant Commissioner (ST) Avinashi Road Assessment Circle, Coimbatore.

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R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

av 06.02.2024 4/4