M/S. Skyways 2000 Com Private v. The Additional Director Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.Nos.25626 and 25627 of 2002 and W.M.P.Nos.35293 and 35294 of 2017 M/S. SKYWAYS 2000 COM PRIVATE LIMITED, T. NAGAR CHENNAI - 17 ..Petitioner in both the Petitions Vs

1. THE ADDITIONAL DIRECTOR OF INCOMETAX (INVESTIGATION)UNIT-I (3) CHENNAI 600 034

2. THE COMMISSIONER OF INCOME TAX TAMILNADU-III CHENNAI 600 034.

3. THE COMMISSIONER OF INCOME TAX -TDS CHENNAI 600 034.

..Respondents Prayer:- Writ Petition No.25626 of 2002 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing to transfer a sum of Rs.63,39,749/- deducted by the petitioner as Tax Deducted at Source along with interest out of the seized cash of Rs.87,03,419/- belonging to the petitioner, towards the claim by the 3rd respondent to the petitioner's TAN account No.S6504-B, TDS Ward IV with the 3rd respondent. Writ Petition No.25627 of 2002 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to refund the sum of balance of about Rs.23,63,670/- after transfer of Rs.63,39,749/- towards tax deducted at source along with interest claimed by the third respondent out of the seized cash of Rs.87,03,419/- to the petitioner's TAN account No.S-6504-B, TDS Ward IV with the 3rd respondent. For Petitioner :

Mr.M.P.Senthil Kumar For Respondents:

Mr.A.P.Srinivas and Mr.A.N.Jayapratab https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel appearing for the petitioner submitted that he had written to the petitioner seeking for instructions in the matter as to whether anything survives for adjudication. However, the petitioner has not responded to such communication, though one such communication was sent by Registered Post. Hence, the writ petitions are dismissed for non prosecution. No costs. Connected miscellaneous petitions are also dismissed.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar rg To

1. THE ADDITIONAL DIRECTOR OF INCOMETAX (INVESTIGATION)UNIT-I (3) CHENNAI 600 034

2. THE COMMISSIONER OF INCOME TAX TAMILNADU-III CHENNAI 600 034.

3. THE COMMISSIONER OF INCOME TAX -TDS CHENNAI 600 034.

+1 CC to Mr.A.P. Srinivas, Advocate sr 47509 +2 Ccs to Mr. Philip George, Advocate sr 47388,47389 W.P.Nos.25626 and 25627 of 2002 SP(19/07/2017) https://hcservices.ecourts.gov.in/hcservices/