D.Singaram, v. The Secretary, (Revenue)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28-01-2015

CORAM

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WRIT PETITION No.5101 of 2010 and M.P.No.1 of 2010 D.Singaram .. Petitioner vs 1.The Secretary (Revenue) Ministry of Finance New Delhi 2.The Director General of Income Tax (Administration) Directorate of Income Tax 701, 7th Floor, Mayur Bhavan Connaught Circus New Delhi 110 001 3.The Deputy Inspector General of Income Tax Income Tax Department Main Building, Aayakar Bhavan 121, M.G.Road, Nungambakkam Chennai 600 034.

4.The Income Tax Officer (TDS) Income Tax Office New Building 93, Ramakrishna Road Salem 636 007 5.The Income Tax Officer (Assessing Officer) Ward - I (1), Salem Income Tax Office Old Buildings #3 Gandhi Road Salem 636 007 6.M/s.TLC Insurance India Pvt. Ltd., No.54-1, Hasthampatti Main Road Salem 636 007 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider and take action on the petitioner's representation dated 21.1.2008 and the reminder dated 8.2.2008, within the time frame. For Petitioner : Mr.M.R.Sivakumar For Respondents : Mr.S.Rajasekar for RR1 to 5 No appearance for R6

ORDER

(Order of the Court was made by THE HON'BLE CHIEF JUSTICE) The grievance made in this petition, is that the sixth respondent has deducted TDS out of the incentives paid to the petitioner for taking out insurance policies of M/s.Bajaj Allianz Life Insurance Company, but failed to remit the same to the Income Tax Department. It is stated that this is also the position qua number of other coordinators so appointed.

2.We find there is no element of public interest involved in this petition, which is really a private inconvenience to the petitioner and other persons in the form of financial liability towards income tax on account of alleged failure of the sixth respondent to deposit the TDS deducted. The petitioner has already called upon the official respondents 1 to 5 to take appropriate measures and the learned Counsel appearing for first five respondents states that they will look into the matter and take steps so that unnecessary harassment is not caused to the petitioner and similarly situated persons.

3.We take the said statement on record.

4.The writ petition stands closed.

No costs.

Consequently, connected MP is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsv To:

1.The Secretary (Revenue) Ministry of Finance New Delhi 2.The Director General of Income Tax (Administration) Directorate of Income Tax 701, 7th Floor, Mayur Bhavan Connaught Circus New Delhi 110 001 3.The Deputy Inspector General of Income Tax Income Tax Department Main Building, Aayakar Bhavan 121, M.G.Road, Nungambakkam Chennai 600 034.

4.The Income Tax Officer (TDS) Income Tax Office New Building 93, Ramakrishna Road Salem 636 007 5.The Income Tax Officer (Assessing Officer) Ward - I (1), Salem Income Tax Office Old Buildings #3 Gandhi Road Salem 636 007 + 1 cc to Mr.M. Santhanaraman, Advocate SR.4141 + 1 cc to Mr.T. Pramod Kumar Chopda, Advocate Sr.4167 W.P.No.5101 of 2010 VD(CO) Eu 06.02.15