Madras High CourtWP/6996/2019dismissed as withdrawal

Kalyanasundaram Suresh v. The Deputy Commissioner Of Income Tax

2019-03-20Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2019 CORAM :

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.6996 of 2019 and W.M.P.No.7730 of 2019 Kalyanasundaram Suresh Old No.12A, New No.24, Swarna mangalam, East Road, West CIT Nagar, Nandanam, Chennai 600 035.

... Petitioner Vs.

1.The Deputy Commissioner of Income Tax, Non Corporate Circle 2, Room No.320, 3rd Floor, Wanaparthy Block, No.121, MG Road, Nungambakkam, Chennai 600 034. 2.The Assistant Registrar, Income Tax Appellate Tribunal, Chennai A-3, II Floor, Rajaji Bhavan, Besant Nagar, Chennai 600 090.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order in stay application No.33/CHNY/2019 dated 18.02.2019 passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai and quash the same as illegal, arbitrary and violative of principles of natural justice and further to direct the 2nd respondent to hear and decide the Stay Application No.33/CHNY/2019 of the petitioner on merits.

For Petitioner :

Mr.K.Ravi For Respondents:

Mr.Hema Mrualikrishnan Senior standing counsel

ORDER

Learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition in the light of the decision of the Division Bench of this Court in the case of Tiruchitrambalam Projects Ltd., Vs. CESTAT, Chennai, [2016 (43) S.T.R.531 (Mad.)] and has also made an endorsement in this regard.

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2. Acceding to the same, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to move the same before the Division Bench of this Court. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Deputy Commissioner of Income Tax, Non Corporate Circle 2, Room No.320, 3rd Floor, Wanaparthy Block, No.121, MG Road, Nungambakkam, Chennai 600 034.

2.The Assistant Registrar, Income Tax Appellate Tribunal, Chennai A-3, II Floor, Rajaji Bhavan, Besant Nagar, Chennai 600 090.

+1cc to Mr.K.Ravi, Advocate sr.no.26711 +1cc to Mr.Hema Mrualikrishnan, Advocate sr.no.26618 W.P. No.6996 of 2019 nr 21/03/2019 https://hcservices.ecourts.gov.in/hcservices/