Madras High CourtWP/503/2016dismissed for nonprosecution

M/S.Oceanic Tropical Fruits v. The Assistant Commissioner

2017-03-10Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.503 and 504 of 2016 and W.M.P.Nos.348,349, 350 and 351 of 2016 M/s. Oceanic Tropical Fruits Private Limited No.6, 1st Floor, Wellington Estate, 53, Ethiraj Salai, Egmore, Chennai - 600 008.

.. Petitioner in both the W.Ps.

Vs.

1. The Assistant Comissioner(Commercial Tax) MMDA Colony Assessment Circle, Chennai - 600 006.

..1st respondent in both the W.Ps.

2. Pepsico India Holdings Private Limited rep. by its Manager, Sudha Ccentre, 31, Old No.19, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004. ..2nd Respondent in W.P.503/2016

3. The Deputy General Manager, State Bank of India, Stressed Asset Management Branch, Red Cross Building, Montieth Road, Egmore, Chennai - 600 008.

..2nd Respondent in W.P.504/2016 Writ petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the order of attachment dated 18.12.2015 in proceedings No.TIN No.33421483233/2015-16/A2 and the consequential order dated 21.12.2015, in proceedings No.TIN.33421483233/2015-16/A2, both orders issued by the 1st respondent and quash the same and for a direction, directing the 1st respondent to raise the order of attachment.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.R.Saravana Kumar For Respondents : Mr.K.Venkatesh Government Advocate for R1 No appearance for r2.

COMMON ORDER Though these writ petitions are filed challenging the order dated 18.12.2015, demanding the petitioner to remit a sum of Rs.42,25,062/- towards tax liability for the assessment year 2015-16, learned counsel for the petitioner, based on the instruction, submitted that he is not pressing these writ petitions, in view of the fact that such liability of the petitioner is being paid by the 2nd respondent, who is none else than the buyer of Mango Pulp from the petitioner.

2. Recording the above said submission, the writ petitions are dismissed as not pressed. No costs Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vsi To The Assistant Comissioner(Commercial Tax) MMDA Colony Assessment Circle, Chennai - 600 006.

W.P.Nos.503 and 504 of 2016 mp(co) ss(24/03/2017) https://hcservices.ecourts.gov.in/hcservices/