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Madras High CourtWP/7066/2016withdrawn dismissed

S.Arputharaj v. Commissioner Of Income Tax

2019-08-14Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2019

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.Nos. 7066, 7067 & 7068 of 2016 in W.M.P.Nos. 6275 to 6279 of 2016 W.P.No. 7066 & 7067 of 2016 S.Arputharaj ..Petitioner in W.P.Nos. 7066 & 7067 of 2016 Vs.

1.Commissioner of Income Tax (Appeals)- 18, Income Tax Office, Chennai.

2.Deputy Commissioner of Income Tax, 3.The Assistant Commissioner of Income Tax, 4.Tax Recovery Officer, Room No. 322, 3rd Floor, New No. 46, 5.The Branch Manager, Axis Bank, No.1134, Avinashi Road, Pappanaickan Palayam, Coimbatore - 37.

6.The Branch Manager, IDBI bank, Avinashi Road, Coimbatore.

7.The Branch Manager, Kotak Mahindra Bank, 727, Skanda Square, Avinashi Road, Coimbatore - 18.

8.The Branch Manager, ICICI Bank, Cheran Plaza, No.1, Trichy Road, ..Respondents in W.P.Nos. 7066 & 7067 of 2016

W.P.No. 7068 of 2016 S.Arputharaj ..Petitioner Vs.

1.Deputy Commissioner of Income Tax, 2.The Assistant Commissioner of Income Tax, 3.Tax Recovery Officer, Room No. 322, 3rd Floor, New No.46, 4.The Branch Manager, Axis Bank, No. 1134, Avinashi Road, Pappanaickan Palayam, Coimbatore - 37.

5.The Branch Manager, IDBI Bank, Avinashi Road, Coimbatore.

6.The Branch Manager, Kotak Mahindra Bank, 727, Skanda Sqare, Avinashi Road, Coimbatore - 18.

7.The Branch Manager, ICICI Bank, Cheran Plaza, No. 1 Trichy Road, ..Respondents in W.P.No. 7068 of 2016 Prayer in W.P.No. 7066 of 2016: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Notice of Demand bearing Ref. No. PAN: ADJPA9429L and TRC: 29/CR-2/2015-16 dated 28/12/2015 and 30/02/2016 issued by the 4th respondent and to quash the same and to forbear the 4th respondent and its officers from taking any coercive action against the petitioner for recovery of Rs.49,93,795/- for the assessment year 2007-08 pending disposal of petitioner's appeal before Commissioner of Income Tax (Appeals), Chennai for the assessment year 2007-08.

Prayer in W.P.No. 7067 of 2016: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Notice of Demand bearing Ref. No. PAN: ADJPA9429L and TRC:

29/CR-2/2015-16 dated 28/12/2015 and 03/02/2016 issued by the 4th respondent and to quash the same and to forbear the 4th respondent and its officers from taking any coercive action against the petitioner for recovery of Rs.79,18,041/- for the assessment year 2008-09 pending disposal of petitioner's appeal before Commissioner of Income Tax (Appeals), Chennai for the assessment year 2007-08.

Prayer in W.P.No. 7068 of 2016: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Notice of Demand bearing Ref. No. PAN: ADJPA9429L and TRC: 29/CR-2/2015-16 dated 28/12/2015 and 03/02/2016 issued by the 3rd respondent and to quash the same and to forbear the 3rd respondent and its officers from taking any coercive action against the petitioner for recovery of Rs.74,52,791/- for the assessment year 2010-11 pending disposal of petitioner's appeal before commissioner of Income Tax (Appeals), Chennai for the assessment year 2007-2008.

For Petitioner in all WPs' : Mr.S.R.Sankareshwaran For Respondents in all WPs' : Mr.ANR. Jaya Prathap JSC for R1 to R4 No Appearance for R5 to R8 COMMON ORDER Today, when the matter is taken up for consideration, the learned counsel for the petitioner seeks permission of this Court to withdraw these Writ Petitions. He has also made an endorsement to that effect.

2. Recording the submission and the endorsement made by the learned counsel for the petitioner, the present Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Commissioner of Income Tax (Appeals)- 18, Income Tax Office, Chennai.

2.The Deputy Commissioner of Income Tax, 3.The Assistant Commissioner of Income Tax, 4.Tax Recovery Officer, Room No. 322, 3rd Floor, New No. 46, +1 cc to M/s.R.Anish Kumar,Advocate Sr.No. 69253 +1 cc to Mr.A.P.Srinivas, Advocate Sr.No.69802 AKM/20.09.19/4P- 7C / W.P.Nos. 7066, 7067 & 7068 of 2016 in W.M.P.Nos. 6275 to 6279 of 2016