Tvl.I.Metrex Technologies Ltd, v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 9/8/2017 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.Nos.21194 and 21195 of 2012 Tvl. I Metrex Technologies Ltd., Now Known as Siemens Ltd., No.22, Eldams Road, Teynampet, Chennai - 600 018.

... Petitioner in both WPs Vs.

1. The Union of India, Represented by the Secretary, Ministry of Finance, New Delhi.

2. The Commercial Tax Officer, Alwarpet Assessment Circle, No.46 Greenways Road, Chennai - 600 028.

3. The Government of Puducherry, Represented by the Secretary, Commercial Taxes Department, Puducherry.

... Respondents in both Wps Prayer for W.P.No.21194 of 2012: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the case on the file of the second respondent in the impugned order of assessment in CST/639891/2006-07, dated 11.06.2012 and quash the same.

Prayer for W.P.No.21195 of 2012: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, declare Section 6 A of the Central Sales Tax Act, as amended by Finance Act No.20/2002, in so far as it permits treatment of consignment transfers inter state sales as ultra vires the Constitution of India and read down Section 6A as amended by Finance Act No.20 of 2002 as directory in nature.

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For Petitioner : Mr.B.Sivaraman For respondents : Mr.Kanmani Annamalai, Additional Government Pleader (for Taxes) for R.2.

: Mr.J.Kumaran, Government Advocate for R.3 C O M M O N O R D E R (Order of the Court was made by S.MANIKUMAR, J.) Mr.B.Sivaraman, one of the learned counsel on record, seeks permission by this Court, to withdraw the Writ petitions. He has also made an endorsement to that effect.

2. Recording the same these writ petitions are dismissed as withdrawn. No leave is granted to file a fresh writ petition, on the same cause of action.

No costs.

Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mvs To

1. The Secretary, Union of India, Ministry of Finance, New Delhi.

2. The Commercial Tax Officer, Alwarpet Assessment Circle, No.46 Greenways Road, Chennai - 600 028.

3. The Secretary, Government of Puducherry, Commercial Taxes Department, Puducherry.

+2cc's to Ms.Lakshmi Sriram, Advocate, S.R.No. 57613 +1cc to the Special Government Pleader(T), S.R.No.57992 W.P.Nos.21194 and 21195 of 2012 GJ(CO) CA(04/09/2017) https://hcservices.ecourts.gov.in/hcservices/