Bhimji N.Patel, v. Income Tax Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2020

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.17756 OF 2016 Bhimji N.Patel ... Petitioner -vsIncome Tax Officer Non-Corporate Ward - 4(5) 3rd Floor, Kannammai Building Anna Salai Chennai - 600 006.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to refund the excess amount collected from the Petitioner in violation of the office Memorandum dated 29.02.2016 issued under F.No.404/72/93-ITCC by the Central Board of Direct Taxes (CBDT), Ministry of Finance, Government of India.

For Petitioner : Mr.K.Ravi for Mr.A.Muraleedharan For Respondents: Mr.Prabhu Mukunth Arunkumar Junior Standing Counsel

O R D E R

(through video conference) The Writ Petition filed for directing the Respondent to refund excess amount collected from the Petitioner in violation of the office Memorandum dated 29.02.2016 issued under F.No.404/72/93-ITCC by the Central Board of Direct Taxes (CBDT), Ministry of Finance, Government of India.

2.

When it was pointed out that all relevant documents necessary for effectual and complete adjudication with requisite pleadings have not been placed on record, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to file fresh Writ https://hcservices.ecourts.gov.in/hcservices/

Petition along with all necessary documents supported by requisite pleadings. He has also filed a memo dated 14.10.2020 to that effect through e-mail, which is placed on record. 3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Maya/vjt To Income Tax Officer Non-Corporate Ward - 4(5) 3rd Floor, Kannammai Building Anna Salai, Chennai - 600 006.

W.P.No.17756 of 2016 KK(CO) CS/29/10/2020 https://hcservices.ecourts.gov.in/hcservices/