Bhawar Sales Corporation v. Additional / Joint/ Deputy/ Asst. Commissioner Of Income Tax /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.22362, 22363 of 2021 and 28980 of 2022 Bhawar Sales Corporation Rep by its Partner Mr.Sanjay Kumar 8A, No.18/8-A, Subrayya Street, Shenoy Nagar, Chennai 600 030.

PAN No.AAEFB2116Q ..Petitioner Vs.

1.Additional / Joint / Deputy / Asst. Commissioner of Income Tax/ Income Tax Officer, Income Tax Department, Ministry of Finance, Room No.401, 2nd Floor, E-Ramp, Jawaharlal Nehru Stadium, Delhi 110 003.

2.Asst. Commissioner of Income Tax, Non Corporate Circle - 10(1) No.121, Mahatma Gandhi Road, Nungambakkam, Chennai 34.

..Respondent 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent impugned order in DIN:ITBA/AST/S/143(3)/202122/1032867871(1) dated 11.05.2021 passed by the 1st respondent for the assessment year 2018-19 and quash the Order dated 11.05.2021 passed and consequently direct the 1st respondent to hear the assessment proceedings in PAN No.AAEFB2116Q for assessment year 2018-19 afresh after giving opportunity to the petitioner.

For Petitioner : M/s G. Vardini Karthik For Respondent : Mrs.S.Premalatha, Junior Standing Counsel

ORDER

Today when the matter is taken up for hearing, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with a liberty to file appropriate petition. She also made an endorsement to that effect which reads as under:

"May be permitted to withdraw the writ petition and two weeks time to file appeal"

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2. Recording the submission and endorsement made by the learned counsel for the petitioner, the writ petition stands dismissed as withdrawn. The petitioner is granted liberty to file appeal within a period of 2 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

01.12.2023 Speaking (or) Non Speaking Order Index:Yes/No shk To 1.Additional / Joint / Deputy / Asst. Commissioner of Income Tax/ Income Tax Officer, Income Tax Department, Ministry of Finance, Room No.401, 2nd Floor, E-Ramp, Jawaharlal Nehru Stadium, Delhi 110 003.

2.Asst. Commissioner of Income Tax, Non Corporate Circle - 10(1) No.121, Mahatma Gandhi Road, Nungambakkam, Chennai 34.

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MOHAMMED SHAFFIQ, J.

shk and W.M.P.Nos.22362, 22363 of 2021 and 28980 of 2022 01.12.2023 4/4