Deputy Commissioner Of Income Tax v. Shri N.K.V.Krishna

CMA NO. 3499 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-01-2025

CORAM

THE HONOURABLE DR JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN CMA NO. 3499 of 2024 AND CMP NO. 28992 OF 2024,CMP NO. 29926 OF 2024,CMA NO. 62 OF 2025,CMA NO. 70 OF 2025,CMP NO. 30015 OF 2024,CMP NO. 385 OF 2025,CMP NO. 28993 OF 2024,CMP NO. 29011 OF 2024,CMP NO. 29019 OF 2024,CMP NO. 29925 OF 2024,CMP NO. 30014 OF 2024,CMP NO. 432 OF 2025,CMA NO. 3448 OF 2024,CMA NO. 3449 OF 2024,CMA NO. 3451 OF 2024,CMA NO. 3454 OF 2024,CMA NO. 3457 OF 2024,CMA NO. 3458 OF 2024,CMA NO. 3459 OF 2024,CMA NO. 3461 OF 2024,CMA NO. 3470 OF 2024,CMA NO. 3530 OF 2024,CMA NO. 3534 OF 2024,CMA NO. 3548 OF 2024,CMP NO. 28919 OF 2024,CMP NO. 28932 OF 2024,CMP NO. 28953 OF 2024,CMP NO. 28987 OF 2024,CMP NO. 29103 OF 2024,CMP NO. 29800 OF 2024,CMP NO. 29919 OF 2024,CMP NO. 29921 OF 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Shri N.K.V.Krishna R/o.No.11 Shyamala Gardens, Akkarani, ECR, Chennai. CMP NO. 28992 of 2024 (Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

N K V Krishna (Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 29926 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, CMA NO. 62 of 2025 Deputy Commissoner Of Income Tax, (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

Shri Saravana Kumar Subramanian (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMA NO. 70 of 2025 Deputy Commissioner of Income Tax AVanish Plantations Pvt. Ltd., CMP NO. 30015 of 2024 Deputy Commissioner Of Income Tax, I.O.

(Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam,

Chennai - 034.

M/s Avanish Plantations Pvt Ltd (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 385 of 2025 Deputy Commissoner Of Income Tax, (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

Shri Saravana Kumar Subramanian (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMP NO. 28993 of 2024 Deputy Commissioner of Income Tax (The Initiating Officer), (Benami Prohibition Unit), Room No.02, Paramjeet Orchardes Pvt. Ltd., (The Initiating Officer), (Benami Prohibition Unit), Room No.02, CMP NO. 29011 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 Avanish Plantations Pvt Ltd (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax

Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29019 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 N.K.V. Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29925 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, CMP NO. 30014 of 2024 Deputy Commissioner Of Income Tax, I.O.

(Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

M/s Avanish Plantations Pvt Ltd (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 432 of 2025 Deputy Commissioner of Income Tax (The Initiating Officer) (Benami Prohibition Unit), Room No.02, Avanish Plantations Pvt. Ltd., (The Initiating Officer) (Benami Prohibition Unit), Room No.02, CMA NO. 3448 of 2024 Deputy Commissoner Of Income Tax, N.K.V.Krishna CMA NO. 3449 of 2024 Deputy Commissoner Of Income Tax, (The Initiating Officer) (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 600034.

N.K.V.Krishna (The Initiating Officer) (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 600034.

CMA NO. 3451 of 2024 (The Initiating Officer) (Benami Prohibition Unit) room No.2, M.G. Road, Nungambakakm, Chennai 34.

Preetha Krishna (The Initiating Officer) (Benami Prohibition Unit) room No.2, M.G. Road, Nungambakakm, Chennai 34.

CMA NO. 3454 of 2024 Deputy Commissoner Of Income Tax (Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

Preetha Krishna (Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

CMA NO. 3457 of 2024 Deputy Commissioner of Income Tax ( The Initiating Officer), (Benami prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing building, 108, Paramjeet Orchardes Pvt. Ltd., ( The Initiating Officer), (Benami prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing building, 108, CMA NO. 3458 of 2024 (The Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

N K V Krishna (The Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

CMA NO. 3459 of 2024 Avanish Plantations Pvt Ltd

CMA NO. 3461 of 2024 N.K.V. Krishna CMA NO. 3470 of 2024 Deputy Commissoner Of Income Tax, I.O.

(Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

Shri N.K.V. Krishna (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMA NO. 3530 of 2024 (The Initiating Officer), (Benami prohibition Unit),Room No.02, Preetha Krishna (The Initiating Officer), (Benami prohibition Unit),Room No.02, CMA NO. 3534 of 2024 Preetha Krishna CMA NO. 3548 of 2024 Deputy Commissoner Of Income Tax, I.O.

(Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

M/s Avanish Plantations Pvt Ltd (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 28919 of 2024 Deputy Commissoner Of Income Tax, (The Initiating Officer) (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 600034.

N.K.V.Krishna (The Initiating Officer) (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 600034.

CMP NO. 28932 of 2024 Deputy Commissoner Of Income Tax, (The Initiating Officer) (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 600034.

N.K.V.Krishna (The Initiating Officer) (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 600034.

CMP NO. 28953 of 2024 108 NH Road, Nungambakkam, Chennai Preetha Krishna 108 NH Road, Nungambakkam, Chennai CMP NO. 28987 of 2024 (Initiating Officer), (Benami Prohibition Unit), Room No.02,

M.G. Road, Nungambakkam, Chennai - 034.

Preetha Krishna (Initiating Officer), (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 29103 of 2024 Deputy Commissoner Of Income Tax, I.O.

(Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

Shri N.K.V. Krishna (Benami Prohibition Unit), Room No.02, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 29800 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Shri N.K.V.Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, CMP NO. 29919 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02,

CMP NO. 29921 of 2024 (The Initating Officer), (Benami prohibition Unit),Room No.02, Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, For Appellant(s):

M/S.M.SHEELA, SPECIAL PUBLIC PROSECUTOR FOR THE APPELLANT IN ALL CMA's.

For Respondent(s):

CHENNAI COMMON JUDGMENT (Judgment of the Court was delivered by the Hon'ble Anita Sumanth J.) In light of the judgment of the Supreme Court in the case of Union of India & Another V. M/s.Ganpati Dealcom Pvt. Ltd. (Review Petition (Civil) No.359 of 2023 in Civil Appeal No.5783 of 2022 dated 18.10.2024), Mrs.M.Sheela, learned counsel appearing for the appellant would submit that the Income Tax Department does not wish to pursue these appeals and seeks withdrawal of the same. She makes an endorsement to that effect.

2. Recording the same, these Civil Miscellaneous Appeals and the connected Miscellaneous Petitions are dismissed as withdrawn.

(ANITA SUMANTH J.) (G.ARUL MURUGAN J.) 20-01-2025 sl CMA NO. 3499 of 2024 To

1. Shri N.K.V.Krishna R/o.No.11 Shyamala Gardens, Akkarani, ECR, Chennai. CMP NO. 28992 of 2024

1. N K V Krishna (Initiating Officer), (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 29926 of 2024

1. Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMA NO. 62 of 2025

1. Shri Saravana Kumar Subramanian (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMA NO. 70 of 2025

1. AVanish Plantations Pvt. Ltd.,

CMP NO. 30015 of 2024

1. M/s Avanish Plantations Pvt Ltd (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 385 of 2025

1. Shri Saravana Kumar Subramanian (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMP NO. 28993 of 2024

1. Paramjeet Orchardes Pvt. Ltd., (The Initiating Officer), (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29011 of 2024

1. Avanish Plantations Pvt Ltd (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29019 of 2024

1. N.K.V. Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29925 of 2024

1. Preetha Krishna

(The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 30014 of 2024

1. M/s Avanish Plantations Pvt Ltd (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 432 of 2025

1. Avanish Plantations Pvt. Ltd., (The Initiating Officer) (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMA NO. 3448 of 2024

1. N.K.V.Krishna CMA NO. 3449 of 2024

1. N.K.V.Krishna (The Initiating Officer) (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMA NO. 3451 of 2024

1. Preetha Krishna (The Initiating Officer) (Benami Prohibition Unit) room No.2, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakakm, Chennai 34.

CMA NO. 3454 of 2024

1. Preetha Krishna (Initiating Officer), (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMA NO. 3457 of 2024

1. Paramjeet Orchardes Pvt. Ltd., ( The Initiating Officer), (Benami prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMA NO. 3458 of 2024

1. N K V Krishna (The Initiating Officer), (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMA NO. 3459 of 2024

1. Avanish Plantations Pvt Ltd CMA NO. 3461 of 2024

1. N.K.V. Krishna CMA NO. 3470 of 2024

1. Shri N.K.V. Krishna (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034. CMA NO. 3530 of 2024

1. Preetha Krishna (The Initiating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMA NO. 3534 of 2024

1. Preetha Krishna CMA NO. 3548 of 2024

1. M/s Avanish Plantations Pvt Ltd (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 28919 of 2024

1. N.K.V.Krishna (The Initiating Officer) (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMP NO. 28932 of 2024

1. N.K.V.Krishna (The Initiating Officer) (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 600034.

CMP NO. 28953 of 2024

1. Preetha Krishna 108 NH Road, Nungambakkam, Chennai CMP NO. 28987 of 2024

1. Preetha Krishna (Initiating Officer), (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 29103 of 2024

1. Shri N.K.V. Krishna (Benami Prohibition Unit), Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G. Road, Nungambakkam, Chennai - 034.

CMP NO. 29800 of 2024

1. Shri N.K.V.Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29919 of 2024

1. Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034 CMP NO. 29921 of 2024

1. Preetha Krishna (The Initating Officer), (Benami prohibition Unit),Room No.02, Ground Floor, Income Tax Investigation Wing Building, 108, M.G.Road, Nungambakkam, Chennai-600 034