R.G.N.Dairies India Limited v. The Assistant Commissioner Of Income Tax Circle I

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.11.2023

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.Nos.6188 & 6190 of 2022 R.G.N.Dairies India Limited, Rep by its Managing Director, Mr.Muthu Kumaran, Door No.190/336, Sirunathur, Tiruvannamalai 604 601.

... Petitioner Vs.

1.The Assistant Commissioner of Income Tax-Circle I, 2nd Floor, Vellore Income Tax Office, No.2, Barracks Cross Street Officers Line, Vellore 632 001.

2.The Tax Recovery Officer-VIII, Office of the Tax Recovery Officer, Income Tax Department, Room No.209, BSNL Building, 2nd Floor Income Tax Office, BSNL Tower, No.16, Greams Road, Chennai.

... Respondents 1/4

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records in the attachment order in DIN and Letter No.ITBA/COM/F/17/202122/1039795481(1) dated 16.02.2022 and Sale Proclamation order DIN and Letter No.ITBA/COM/F/17/2021-2022/10400060579(1) dated 24.02.2022 on the file of the 2nd respondent and quash the same. For Petitioner : Mr.M.Manohar For Respondent : Dr.B.Ramaswamy, Senior Standing counsel.

ORDER

This writ petition has been filed challenging attachment order and Letter dated 16.02.2022 and the Sale Proclamation order and Letter dated 24.02.2022

2. On perusal of records, it appears that this matter has already been adjourned on many occasions.

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3. Today, the learned counsel appearing for the petitioner had reported to this Court that he has not received any instructions from his client i.e., petitioner, which shows that the petitioner has no interest to prosecute the present writ petition. Hence, this Court is inclined to dismiss this petition.

4. Accordingly, this writ petition is dismissed for non-prosecution. No costs. Consequently, the connected miscellaneous petitions are also closed.

22.11.2023 Speaking/Non-speaking order Index : Yes / No nsa To 1.The Assistant Commissioner of Income Tax-Circle I, 2nd Floor, Vellore Income Tax Office, No.2, Barracks Cross Street Officers Line, Vellore 632 001.

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KRISHNAN RAMASAMY.J., nsa 2.The Tax Recovery Officer-VIII, Office of the Tax Recovery Officer, Income Tax Department, Room No.209, BSNL Building, 2nd Floor Income Tax Office, BSNL Tower, No.16, Greams Road, Chennai.

and W.M.P.Nos.6188 & 6190 of 2022 22.11.2023 4/4