M/S J.D.Traders, v. Assistant Commissioner (Ct)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.11575 of 2018 and W.M.P.No.13548 of 2018 M/s.J.D.Traders, Rep. by its Managing Partner, No.1, L.F.Road, Burma Colony, Ranipet, Vellore District.

... Petitioner vs.

Assistant Commissioner (CT), Ranipet Assessment Circle, Ranipet, Vellore District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the respondent to quash the impugned distraint order in Form No.1 and Form No.4 issued under Revenue Recovery Act in RC A3/2101/2015 dated 20.03.2018 and to quash these proceedings as illegal and direct the respondent to pass fresh orders as per the direction of this Court in W.P.Nos.35141 and 35142 of 2013 dated 10.12.2014 after providing an opportunity of personal hearing.

For Petitioner :

Mr.C.Baktha Siromoni For Respondents :

Mrs.G.Dhanamadhri, Government Advocate (Taxes)

O R D E R

The petitioner has filed this writ petition challenging a recovery notice issued by the respondent dated 20.03.2018.

2. The learned Government Advocate has produced written instructions given by the Assessing Officer dated 23.05.2018 agreeing to withdraw the impugned recovery notice. The said stand taken by the Assessing Officer is placed on record. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, this writ petition is allowed and the impugned recovery notice is set aside. The respondent shall comply with the direction issued in the earlier writ petitions vide W.P.Nos.35141 and 35142 of 2013 dated 10.12.2014. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar abr To Assistant Commissioner (CT), Ranipet Assessment Circle, Ranipet, Vellore District.

+1 CC to Mr.C.Baktha Siromoni, Advocate sr 39511. W.P.No.11575 of 2018 SP(03/07/2018) https://hcservices.ecourts.gov.in/hcservices/