M/S. Global Franchise v. The Commercial Tax Officer,

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 28.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.40377 of 2006 and M.P.No.2 of 2006 M/s.Global Franchise Architects India (Pvt) Ltd., (Formerly known as M/s.Pizza Corner India Pvt Ltd) Rep. by its Authorized Signatory Mr.G.Murali, No.5/1, Poonamallee High Road, Dr.Radhakrishnan Nagar, Arumbakkam, Chennai - 600106.

...Petitioner

Vs The Commercial Tax Officer, Vadapalani I Assessment Circle, 10-C, Razack Garden Road, Chennai - 600106.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, calling for the records in T/1461164/2001-02, dated 12.10.2006 on the file of the respondent herein, quash the same and consequently forbear the respondent from taking any recovery action pending disposal of O.P.no.172/2004 which has been filed before Hon'ble Tamil Nadu Taxation Special Tribunal, Chennai, and now transferred to this Court, pending as un-numbered Writ Petition.

For Petitioner : Ms.P.Kanthi Visalakshi for Mr.R.Bharanidharan For Respondent : Mrs.Dhanamadhri, Govt. Advocate

O R D E R

The order under challenge in the present writ petition is the consequential recovery proceedings pursuant to the assessment order.

2. Today, when the matter was called, the learned counsel for the petitioner submitted that the assessment order itself has been set aside on 24.08.2007 by an order passed in https://hcservices.ecourts.gov.in/hcservices/

W.A.No.903 of 2007. As such, no effective orders can be passed in the prayer sought for in the present writ petition.

3. Accordingly, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. hvk Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Commercial Tax Officer, Vadapalani I Assessment Circle, 10-C, Razack Garden Road, Chennai - 600106.

+1cc to Mr.R.Karthikeyan, Advocate, SR.No.73848/19 +1cc to the Special Govt.Pleader (Taxes), vide SR.No.74941/19 W.P.No.40377 of 2006 and M.P.No.2 of 2006 Kak(11/10/2019) https://hcservices.ecourts.gov.in/hcservices/