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Tvl.R.S. Enterprises, Rep. by its Partner Thiru.S.Dinakaran, Tuticorin District Vs. The State of Tamil Nadu and Others - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P.(MD).No. 19402 of 2015 & M.P.(MD).No. 1 of 2015

Judge

Appellant

Tvl.R.S. Enterprises, Rep. by its Partner Thiru.S.Dinakaran, Tuticorin District

Respondent

The State of Tamil Nadu and Others

Excerpt:


.....that the order relied by the petitioner was disposed of, by this court, with certain directions to the respondents therein. he further submitted thatthe same yardstick may be applied for the present writ petitiontoo. 4. following the order made in w.p.(md)nos.19460 to 19464 of 2015 dated 28.10.2015 and considering the facts and circumstances of the case, this court passes the following order:- the petitioner firm is directed to remit 10% of the disputed tax in question in the writ petition to the third respondent within a period of four weeks from the date of receipt of a copy of this order. on such payment, the orders impugned in the writ petition stands set aside and the respondents are directed to provide an opportunity of personal hearing to the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of four weeks, thereafter. 5. with the above direction, the writ petition stands disposed of. no costs, consequently, connected miscellaneous petitions are closed.

Judgment:


(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified mandamus to call for the records relating to the proceedings of the third respondent issued in TIN:33375862859/2011-12, dated 25.05.2015, and quash the same and to direct the third respondent to consider the objections filed by the petitioner on 17.06.2015 and further objections on 29.09.2015 accord a personal hearing after issuing notice and then to pass such fresh order if any for the assessment year 2011-2012.)

1. The writ petition has been filed praying for a Writ of Certiorarified Mandamus to call for the impugned proceedings of the third respondent in TIN:33375862859/2011-12, dated 25.09.2015, and quash the same and further to direct the third respondent to consider the objections filed by the petitioner on 17.06.2015 and further objections on 29.09.2015 and accord a personal hearing, after issuing notice and then to pass such fresh order, if any, for the assessment year 2011-2012.

2. When the matter is taken up for hearing, it is reported that the issue involved in the Writ Petitionis akin to the common order made in W.P.(MD)Nos.19460 to 19464 of 2015 dated 28.10.2015.

3. The Additional Government Pleaderwas put on notice, who in turn submitted that the order relied by the petitioner was disposed of, by this Court, with certain directions to the respondents therein. He further submitted thatthe same yardstick may be applied for the present Writ Petitiontoo.

4. Following the order made in W.P.(MD)Nos.19460 to 19464 of 2015 dated 28.10.2015 and considering the facts and circumstances of the case, this Court passes the following order:-

The petitioner firm is directed to remit 10% of the disputed tax in question in the Writ Petition to the third respondent within a period of four weeks from the date of receipt of a copy of this order. On such payment, the orders impugned in the Writ Petition stands set aside and the respondents are directed to provide an opportunity of personal hearing to the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of four weeks, thereafter.

5. With the above direction, the Writ Petition stands disposed of. No costs, consequently, connected miscellaneous petitions are closed.




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