Madras High CourtWP(MD)/25500/2019withdrawn dismissed

M/S. St.Xavier Educational Trust v. The Commissioner Of Income Tax(Exemption)

2021-11-15Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.[MD]Nos.22065, 22147, 22154 & 22161 of 2019 M/s.St.Xavier Educational Trust, Represented by its Trustee, C.Arun Babu, 103-G, Byepass Road, Vannarapettai, Tirunelveli - 627 003.

Tirunelveli District.

: Petitioners in all Writ Petitions Vs.

1.The Commissioner of Income Tax (Exemption), AAYAKAR Bhavan, No.121, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner of Income Tax (OSD) (Exemption), 2nd Floor, May Flower Midcity Building, 1510, Trichy Road, Coimbatore - 641 018.

: Respondents in all Writ Petitions COMMON P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Certiorari, calling for the records relating to the impugned stay of all further proceedings pursuant to the impugned notices dated 26.03.2019 vide notice Nos.ITBA/AST/S/148/2018-19/1015419016(1), ITBA/AST/S/148/ 2018-19/1015419012(1), ITBA/AST/S/148/2018-19/1015419010(1) and ITBA/AST/S/143(2)/2019-20/1018210945(1) dated 22.09.2019 for the assessment years 2014-2015, 2015-2016, 2017-2018 and 2018-2019, respectively, issued by the second respondent under Section 148 of Income Tax, 1961 and quash the same.

For Petitioner : Mr.P.Thiyagarajan For Respondents : Mr.B.Dilip Kumar Senior Standing Counsel [In all writ petitions] 1/3

COMMON ORDER ******************** In the captioned four writ petitions, Mr.P.Thiyagarajan, learned Counsel for the writ petitioner is before this Court and the learned Counsel has circulated a letter dated 11.11.2021, which is as follows:

2. The learned Counsel on record for the writ petitioner reiterated the contents of the aforementioned letter. 2/3

3. In the light of the aforementioned letter and the reiteration of the same in the hearing, captioned writ petitions are dismissed as withdrawn. Consequently, all captioned miscellaneous petitions are disposed of as closed. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Income Tax (Exemption), AAYAKAR Bhavan, No.121, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner of Income Tax (OSD) (Exemption), 2nd Floor, May Flower Midcity Building, 1510, Trichy Road, Coimbatore - 641 018.

+1 CC to M/s.N. DILIP KUMAR, Advocate ( SR-34684[F] dated 16/11/2021 ) +3 CC to M/s.P. THIYAGARAJAN, Advocate ( SR-34536[F] dated 15/11/2021 ) 15.11.2021 RK/NS(25/11/2021) 3P 7C 3/3