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Madras High CourtWP/33641/2019dismissed as withdrawal

Tvl.Adinath Dairy Company v. The Commercial Tax Officer

2019-12-04Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. Nos.33641, 33642, 33644 and 33645 of 2019 and W.M.P. Nos.34114 and 33115 of 2019 Tvl.Adinath Dairy Company Presently Known at, GHO AGRO Pvt. Ltd Having Office at New No.10,Old No.122, Second Floor, P.S. Sivaswamy Salai, (Sullivan Garden Road, St. Ebba Avenue, Mylapore, Chennai - 600 004 Rep by its Director, Mr.Vimal Raj Chordia.

...Petitioner in all WPs

--Vs-- 1.The Commercial Tax Officer, Thiruvallikeni Assessment Circle, Chennai 600 028.

2.Joint Commissioner (CT) Chennai (East) Division, PAPJM Building, Greams Road, Chennai - 600 006.

... Respondents in all WPs Prayer in W.P. Nos.33641 & 33642 of 2019 : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ or order of direction or any other Writ in the nature Writ of Certiorari, to call for the records pertaining to the impugned order dated 31.10.2016 and 04.11.2016 in proceedings TIN/33020742955/2013-14 & 2014-15 issued by the 1st respondent and quash the same.

Prayer in W.P. Nos.33644 & 33645 of 2019 : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ or order of direction or any other Writ in the nature Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 05.09.2017 in RC. No.495 & 496/2017/A10 issued by the 2nd respondent and quash the same and further direct the 2nd respondent to pass fresh order in the revision petition filed by the petitioner against the assessment order dated 31.10.2016 & 04.11.2016 in proceedings TIN/33020742955/2013-14 & 2014-15.

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For Petitioner : Mr.Hari Radhakrishnan in all WPs For Respondents : Mr.M.Hariharan, Additional Government Pleader (T) in all WPs.

C O M M O N O R D E R Learned counsel for the petitioner seeks permission to withdraw these petitions stating that he would instead approach the Assessing Officer by way of an application for rectification in terms of Section 84 of Tamil Nadu Value Added Tax Act, 2006. He is permitted to do so, in accordance with law.

2. In the light of the endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as withdrawn. Connected Miscellaneous Petitions are also closed. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar rkp To 1.The Commercial Tax Officer, Thiruvallikeni Assessment Circle, Chennai 600 028.

2.Joint Commissioner (CT) Chennai (East) Division, PAPJM Building, Greams Road, Chennai - 600 006.

+1 CC to The Spl. Govt. Pleader(T) sr 101812. W.P. Nos.33641, 33642, 33644 and 33645 of 2019 and W.M.P. Nos.34114 and 33115 of 2019 VGII(CO) SP(29/01/2020) https://hcservices.ecourts.gov.in/hcservices/