M/S. A.R.Bachawat Trading (P) v. The Deputy Commercial Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.838 of 2018 M/s.A.R.Bachawat Trading (P) Limited, Represented by Hemant Raj, Managing Director, 27/5. Eruluppan Street, Sowcarpet, Chennai - 79.

...Appellant/Petitioner versus

1. The Deputy Commercial Tax Officer, Roving Squad III, Enforcement (Central), Chennai - 600 006.

2. The Assistant Commissioner (CT), Peddunaickenpet (South) Assessment Circle, Chennai.

.. Respondents/Respondents Prayer:

Writ Appeal filed under Clause 15 of the Letters Patent against the Order dated 16.12.2010 in W.P.No.28080 of 2010. For Appellant : Mr.V.Srikanth For Respondents: Mr.V.Haribabu Additional Government Pleader (Taxes) Prayer:in WP.28080/2010 Writ Petition filed under Article 226 of the Constitution of India for issue of a writ of certiorarified Mandamus to Call for the records on the files of the first respondent in G.D.No. 79/RS-III/C/2010-11 dated 1.12.10 and quash the same as being invalid and illegal arbitrary and without jurisdiction and further directing the 1st respondent to release the entire consignment immediately without payment of tax and other amounts.

JUDGMENT

(Order of the Court was made by S.MANIKUMAR, J.) Instant Writ appeal is directed against the order dated 16.12.2010 made in W.P.No.28080 of 2010, filed for a writ of https://hcservices.ecourts.gov.in/hcservices/

certiorarified mandamus, to call for the records on the files of the first respondent in G.D.No.79/RS-III/C/2010-11, dated 01.12.2010, to quash the same as being invalid and illegal, arbitrary and without jurisdiction, and to further direct the first respondent to release the entire consignment immediately, without payment of tax and other amounts.

2. On this day, when the matter came up for hearing, Mr.V.Srikanth, learned counsel on record submitted that the writ appeal has become infructuous.

3. Placing on record the above, instant writ appeal is dismissed as infructuous. No Costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ars To

1. The Deputy Commercial Tax Officer, Roving Squad III, Enforcement (Central), Chennai - 600 006.

2. The Assistant Commissioner (CT), Peddunaickenpet (South) Assessment Circle, Chennai.

+1cc to Mr.C.Venkat Raman, Advocate, S.R.No.35164 +1cc to Special Government Pleader, S.R.No.35529 W.A.No.838 of 2018 SSV(CO) GSP(21/06/2018) https://hcservices.ecourts.gov.in/hcservices/