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Madras High CourtWMP/27970/2017stay made absolute

M/S.Delphi-Tvs Diesel Systems v. Ito (Osd)/ Secretary

2018-06-08Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Eighth day of June Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE S.M.SUBRAMANIAM WMP.Nos.27970 & 35402 of 2017 in WP.No.26313 of 2017 M/S.DELPHI-TVS DIESEL SYSTEMS [PETITIONER IN WMP.27970/17 LTD, REP BY ITS AUTHORIZED SIGNATORY, AND RESPONDENT IN MR.SRIRAM SESHADRI, MANNUR, WMP.35402/17] THODUKADU PO, SRIPERAMBADUR TALUK, KANCHIPURAM- 602 105 Vs 1 ITO (OSD)/ SECRETARY [1 TO 3 RESPONDENTS IN WMP.27970/17 DISPUTE RESOLUTION PANEL-2 AND 1 TO 3 RESPONDENTS IN 7TH FLOOR, INCOME TAX OFFICE, WMP.35402/17] BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BANGALORE- 560 095 2 ASSISTANT COMMISSIONER OF INCOME-TAX (OSD), CORPORATE RANGE-1, NO.121, M.G.

ROAD, NUNGAMBAKKAM, CHENNAI-34 3 DEPUTY COMMISSIONER OF INCOME-TAX- 1(2), 5TH FLOOR, TOWER I-BSNL BUILDING, 16, GREAMS ROAD, CHENNAI-06 Petitions praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i)Grant interim stay of all further proceedings pursuant to the issuance of the impugned order bearing File No.

(5) of the Act passed by the First Respondent for AY 2013-14 (in WMP.No.27970/2017)and (ii)Vacate the Interim Stay granted on 09.10.2017 in WMP.No.27970/2017 in WP.No.26313/2017 (in WMP.No.35402/2017) pending disposal of the above WP.No.35402/2017 respectively.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.V.BALAJI, Advocate for the PETITIONER IN WMP.27970/17 AND RESPONDENT IN WMP.35402/17 and of respondent not appearing either in person or by an advocate the court made the following order:- The interim order granted by this Court on 09.10.2017 is made absolute and the M.P.No.27970/2017 is allowed. Consequently, the Vacate Stay Petition in WMP NO.35402/2017 is dismissed.

2.Post the main Writ Petition after four weeks for 'final disposal'.

-sd/- 08/06/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 ITO (OSD)/ SECRETARY DISPUTE RESOLUTION PANEL-2 7TH FLOOR, INCOME TAX OFFICE, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BANGALORE- 560 095 2 ASSISTANT COMMISSIONER OF INCOME-TAX (OSD), CORPORATE RANGE-1, NO.121, M.G.ROAD, NUNGAMBAKKAM, CHENNAI-34 3 DEPUTY COMMISSIONER OF INCOME-TAX- 1(2), 5TH FLOOR, TOWER I-BSNL BUILDING, 16, GREAMS ROAD, CHENNAI-06 C.C. to M/S.N.V.BALAJI Advocate on payment of necessary charges Order in WMP.Nos.27970 & 35402 of 2017 in WP.No.26313 of 2017 Date :08/06/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(13/06/2018)