M/S.Periyar Public Press Trust v. The Director Of Income-Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. Nos. 1 and 1 of 2012 M/s. Periyar Public Press Trust, Represented by Vice President Mr. K.Veeramani, No. 50, Periyar Thidal, EVK Sampath Salai, Vepery, Chennai - 600 007.

... Petitioner in all W.P.s -vs1. The Director of Income Tax (Exemption), No. 121, Mahatma Gandhi Road, Chennai - 600 034.

2. The Joint Commissioner of Income Tax (OSD) (Exemptions) II, No. 121, Mahatma Gandhi Road, Chennai - 600 034.

3. The Union of India, Secretary, Ministry of Finance, North Block, New Delhi.

... Respondents in all W.P.s Prayer in W.P. No. 2035 of 2012:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records and quash the impugned order of the First Respondent issued under Section 12AA(3) of the Income Tax Act, 1961 bearing DIT (E) 1/4

No. 2(315)/91/12AA(3)/2011-12 dated 26.12.2011 and direct the First Respondent to continue the exemption under Section 12AA of the Income Tax Act, 1961 as claimed by the Petitioner forthwith. Prayer in W.P. No. 2036 of 2012:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records and quash the impugned order of the Second Respondent issued under Section 143(3) of the Income Tax Act, 1961, bearing PAN/GI No. AAATP0542J dated 28.12.2011.

Prayer in W.P. No. 2037 of 2012:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the provisos to Section 2(15) of the Income Tax Act, 1961 as ultra vires and unconstitutional as the same is in violation of Article 14, 265 and 300A of the Constitution of India.

For Petitioner :

Mr. V.S.Jayakumar (in all W.P.s) For Respondents :

Mrs. Hema Muralikrishnan, Standing Counsel (in all W.P.s) C O M M O N O R D E R (through video conference) Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petitions and he has also filed a memo dated 18.12.2020 to that effect through e-mail, which is placed on record. 2/4

Accordingly, the Writ Petitions are dismissed as withdrawn. Consequently, the connected Miscellaneous Petitions are closed. No costs. 18.12.2020 vjt Index: Yes/No Note: Issue order copy by 23.12.2020.

To

1. The Director of Income Tax (Exemption), No. 121, Mahatma Gandhi Road, Chennai - 600 034.

2. The Joint Commissioner of Income Tax (OSD) (Exemptions) II, No. 121, Mahatma Gandhi Road, Chennai - 600 034.

3. The Secretary to the Government of India, Ministry of Finance, North Block, New Delhi.

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P.D. AUDIKESAVALU, J.

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