K.Vignesh Prabhu v. The Income Tax Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.07.2019 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR W.P.Nos.13111 & 13120 of 2019 and WMP.Nos.13255, 13258 & 13273 of 2019 Mr.K.Vignesh Prabhu Partner M/s.V.K.Textile Processors.
..Petitioner in both W.Ps.
vs.
1.The Income Tax Officer Ward 2(1) Erode Income Tax Office, 15, Gandhi Road Erode - 638 001.
2.The Commissioner of Income Tax (Appeals) CIT (A), Coimbatore Race Course Road Coimbatore.
3.The Branch Manager Canara Bank 47A, Park Road CD Building Erode - 638 003.
.. Respondent in both W.Ps.
PRAYER IN W.P.NO.13111 OF 2019 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to notice issued under Section 226(3) of the Income Tax Act 1961 dated 23.04.2019 in F.No.AALFV0640C/W 2(1) 2019-20 by the 1st respondent to the 3rd respondent, quash the same and consequently forbear the 1st respondent from attaching the Over Draft and Cash Credit Accounts of M/s.V.K.Textile Processors, PAN. AALFV0640C, and pass such further or other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and thus render justice.
PRAYER IN W.P.NO.13120 OF 2019 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to orders passed by the 1st respondent under Section 220
(6) of the Income Tax Act, 1961, dated 12.02.2019 in the matter of M/s.V.K.Textile, PAN.AALFV0640C for the Assessment Year 2016, quash the same and pass such further or other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and thus render justice.
For Petitioner : Mr.Niranjan Rajagopalan (in both W.Ps.) for M/s.G.R.Associates For Respondent : Mr.A.P.Srinivas, (in both W.Ps.) Senior Standing Counsel for R1 & R2 COMMON
ORDER
Mr.Niranjan Rajagopalan of M/s.G.R.Associates [Law Firm] on behalf of writ petitioner in both the writ petitions and Mr.A.P.Srinivas, learned Senior Standing Counsel on behalf of respondent Nos.1 and 2 in both the writ petitions are before this Court.
2. Learned counsel for writ petitioner in both the writ petitions submits that he has instructions to withdraw these writ petitions and learned counsel has made an endorsement in the case file, which reads as follows:
'In view of orders being passed in the main Appeal No.95/18-19 by the 2nd respondent, WP becomes infructuous and therefore, withdrawal is sought to be permitted.
Sd/- counsel for petitioner 03.07.2019"
3. Aforesaid endorsement is reiterated in the hearing.
4. In the light of the endorsement and reiteration of the same in the hearing, both writ petitions are dismissed as withdrawn. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar vsm
To 1.The Income Tax Officer Ward 2(1) Erode Income Tax Office, 15, Gandhi Road Erode - 638 001.
2.The Commissioner of Income Tax (Appeals) CIT (A), Coimbatore Race Course Road Coimbatore.
3.The Branch Manager Canara Bank 47A, Park Road CD Building Erode - 638 003.
+1cc to Mr.A.P.Srinivas, Advocate SR.No.56405 W.P.Nos.13111 & 13120 of 2019 and WMP.Nos.13255, 13258 & 13273 of 2019 NRL(CO) GMY(05/08/2019)