Tvl.Annai Velankanni Traders v. The Commissioner Of Commercial

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)No.857 of 2017 and C.M.P(MD) No.5795 of 2017 Tvl.Annai Velankanni Traders, Represented by its Proprietor, S.Anthonysami, ..Appellant/Petitioner/Petitioner Vs.

1.The Commissioner of Commercial Taxes, Office of the Principal and Special Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Commercial Tax Officer, Tiruppathur Assessment Circle, Commercial Taxes Office, 5/4, 56, Chinna Thoppu Street, Sivagangai District - 630 211.

..Respondents/Respondents/ Respondents PRAYER: Writ Appeal is filed under clause 15 of Letter Patent Act, to set aside the order passed in W.M.P(MD)No.3439 of 2017 in W.P. (MD)No. 4286 of 2017 dated 14.03.2017.

Prayer in WMP(MD). 3439/ 2017 in WP(MD)No.4286/2017 : Petition filed under Article 226 of the Constitution of India pleased to grant an Interim Stay for the operation of the impugned proceedings of the 2nd Respondent in TIN. 33765502823/2014-2015 dated 12.01.2017 till the disposal of this WP.

Prayer in WP(MD).4286/ 2017 :

The Writ Petition is filed under Article 226 of the Constitution of India pleased to issue a Writ of Certiorari to call for records pertaining to the impugned proceedings of the 2nd https://hcservices.ecourts.gov.in/hcservices/

respondent in TIN 33765502823/2014-15 dated 12.01.2017 and quash the same.

For petitioner : Mr.B.Rooban For respondents : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the appellant made an endorsement, indicating that the appellant is withdrawing the Writ Appeal. The learned counsel for the appellant seeks reasonable time to pay 20 % of the tax demand, as indicated in the order, impugned in this intra-Court Writ Appeal.

2. In view of the endorsement so made, the Writ Appeal is dismissed as withdrawn. The appellant is granted time till 31.07.2017 to pay the amount, pursuant to the order passed in WMP (MD) No.3439 of 2017 in WP(MD)No.4286 of 2017. No Costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub-Assistant Registrar To:

1.The Commissioner of Commercial Taxes, Office of the Principal and Special Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Commercial Tax Officer, Tiruppathur Assessment Circle, Commercial Taxes Office, 5/4, 56, Chinna Thoppu Street, Sivagangai District - 630 211.

+One cc to The Special Government Pleader, SR.No.63312 +One cc to Mr.B.Rooban, Advocate, SR.No.63444 NB/dsk RL/5C/2P/KP/SAR1/12/7/2017 JUDGMENT MADE IN W.A(MD)Nos.857 of 2017 and C.M.P(MD) No.5794 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 03.07.2017