Madras High CourtWP(MD)/1425/2017disposed of

Govindan Chokkappan v. The Income Tax Officer

2017-01-30Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1425 of 2017 and W.M.P(MD)Nos.1171 and 1172 of 2017 Govindan Chokkappan ... Petitioner Vs.

The Income Tax Officer, Non Corporate Ward 2(1), C.R.Buildings, VP.Rathnasamy Nadar Road, Madurai - 625 002.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari calling for the records of the respondent in PAN.AADPC4278P/1/2014-15 and to quash the order dated 29.12.2016 passed therein.

For Petitioner : M/s.P.Gnanasekar For Respondents :Mr.R.Krishnamoorthy Senior Standing Counsel

O R D E R

This Writ Petition has been filed, seeking for issuance of a writ of Certiorari calling for the records of the respondent in PAN.AADPC4278P/1/2014-15 and to quash the order dated 29.12.2016 passed therein.

2.Mr.R.Krishnamoorthy, learned Senior Standing Counsel takes notice for the respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.Taking note of the submissions, it is seen that there are disputed question facts involved in this matter,therefore, the Petitioner is permitted to file an appeal, subject to the condition that he deposits 10% of the amount additional demanded vide impugned order, dated 29.12.2016 within 15 days from today and on such deposit, the appeal shall be entertained and disposed of within period of four weeks thereafter, without adjourning the matter beyond seven working days at any point of time. It is needless to state that if the amount is not paid by the Petitioner within the specified time, it is open to the authorities concerned to proceed further on the basis of the impugned order.

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4.With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

The Income Tax Officer, Non Corporate Ward02(1), C.R.Buildings, VP.Rathnasamy Nadar Road, Madurai - 625 002.

+3cc to Mr.Gnanasekaran,Advocate, SR No.4819 +1cc to R.Subramanian,Advocate, SR No.5133 vsn ms/rsk/8.2.2017/2p.6c W.P.(MD) No.1425 of 2017 and W.M.P(MD)Nos.1171 and 30.01.2017 https://hcservices.ecourts.gov.in/hcservices/