Tvl. Grabmore Internet Pvt v. The Commercial Tax Officer

In the High Court of Judicature at Madras Dated : 03.3.2016 Coram :

The Honourable Mr.Justice V.RAMASUBRAMANIAN and The Honourable Mr.Justice N.KIRUBAKARAN Writ Appeal Nos.229 and 230 of 2016 and CMP.Nos.3641 to 3643 of 2016 Tvl.Grabmore Internet Pvt.Ltd., rep.by its Director Mr.G.Sathish Das, Chennai-10.

...Appellant in WA. No.229/2016 Tvl.SGS Marketings, rep.by its Partner Mr.G.Sandeep Das, Chennai-10.

...Appellant in WA. No.230/2016 Vs The Commercial Tax Officer, Aynavaram Assessment Circle, Chennai-10.

...Respondent in WA.No.229/2016

The Assistant Commissioner (CT), Aynavaram Assessment Circle, Chennai-10.

...Respondent in WA.No.230/2016

APPEALS under Clause 15 of the Letters Patent against the common order dated 18.1.2016 made in MP.Nos.1 and 1 of 2015 respectively in W.P. Nos.27725 and 25293 of 2015. WP Nos.25293, 27725 of 2015: WRit petition filed Under Article 226 of constitution of India praying that in these circumstances stated therein the court will be pleased to issue writ in the nature of writ of certiorari calling for the recrods on the files of the respondent proceedings in TIN/3382/003639 2014-15 dated 13.07.2015 and quash the same being illegal invalid without authority.

WP 27725/2015: Calling for the records on this files of this respondents proceedings in TIN/33581003480/2014-15 dated 03.08.2015 and quash the same being illegal invalid without https://hcservices.ecourts.gov.in/hcservices/

authority of Law and violated the principles of national justice and also law said down by this Hon'ble Court. For Appellants : Mr.D.Vijayakumar COMMON JUDGMENT (Judgment was delivered by V.RAMASUBRAMANIAN,J) These appeals arise out of a common conditional order of stay granted by the learned Judge while extending the stay orders.

2. Heard Mr.D.Vijayakumar, learned counsel for the appellants.

3. As against a demand of about Rs.35 lakhs and Rs.55 lakhs respectively, the learned Judge directed the appellants to pay only a sum of Rs.5 lakhs each for extending the stay pending writ petitions. Such a discretionary order cannot be interfered with. Therefore, the writ appeals are liable to be dismissed.

4. However, the learned counsel for the appellants makes a request that at least, time for payment may be extended, as it expired last week.

5. Hence, the writ appeals are disposed of granting time to the appellants to comply with the conditional order, imposed by the learned Judge, on or before 21.3.2016. Consequently, the above CMPs are closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar To 1.The Commercial Tax Officer, Aynavaram Assessment Circle, Tylors Road, Chennai-10.

2.The Assistant Commissioner (CT),Aynavaram Assessment Circle, Tylors Road, Chennai-10.

+1 cc to Mr.D.Vijayakumar, Advocate, sr.13528 WA.Nos.229 & 230 of 2016 & CMP.Nos.3641 to 3643/2016 ctk co, kra 17.03.2016 https://hcservices.ecourts.gov.in/hcservices/