Flo Food Ventures (P) Ltd v. The Commercial Officer

In the High Court of Judicature at Madras Dated : 12.4.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.8866 of 2018 & WMP.No.10717 of 2018 Flo Food Ventures (P) Ltd., rep.

by its Director R.G.Boopesh

...Petitioner

Vs The Commercial Officer, Commercial Tax Office, Gudiyatham (East), Vellore.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the impugned notice dated 09.3.2018 made in Na.Ka.No.A3/1336/2017 passed by the respondent in TIN No.33284245094 and quash the same as arbitrary and illegal. For Petitioner :

Mr.Vijayan Subramanian For Respondent :

Mrs.G.Dhana Madhri, GA

ORDER

Mrs.G.Dhana Madhri, learned Government Advocate accepts notice for the respondent. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioner has challenged the notice issued by the Assessing Officer calling upon the petitioner to pay tax for the assessment years 2011-12 to 2015-16.

3. When the relevant assessment orders were put to challenge by the petitioner in W.P.Nos.6752 to 6756 of 2017, they have been stayed by this Court by an interim order dated 20.3.2017. The Writ Court, while following the interim order granted by the Hon'ble Division Bench in W.A.No.1444 of 2015, granted an order of interim stay in the said writ petitions.

4. In the light of the above, the impugned proceedings cannot be enforced as on date and it shall be kept in abeyance and await the decision of the Hon'ble Division Bench as well as https://hcservices.ecourts.gov.in/hcservices/

the decision in the writ petitions filed by the petitioner in W.P.Nos.6752 to 6756 of 2017.

5. Accordingly, the writ petition is disposed of by directing the respondent not to enforce the impugned proceedings till the disposal of W.P. Nos.6752 to 6756 of 2017. No costs. Consequently, the connected WMP is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rs To The Commercial Officer, Commercial Tax Office, Gudiyatham (East), Vellore.

+1cc to Mr.Vijayan Subramanian, Advocate, S.R.No.27463 +1cc to the Special Government Pleader, S.R.No.27904 WP.No.8866 of 2018 & WMP.No.10717 of 2018 NRI(CO) RRK(28/04/2018) https://hcservices.ecourts.gov.in/hcservices/