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The Tax Recovery Officer – Xxvii vs M/S.Sri Lakshmi Brick Industries
2022 Latest Caselaw 1676 Mad

Citation : 2022 Latest Caselaw 1676 Mad
Judgement Date : 2 February, 2022

Madras High Court
The Tax Recovery Officer – Xxvii vs M/S.Sri Lakshmi Brick Industries on 2 February, 2022
                                                                   W.A.Nos. 1527, 1528, 1529 & 1530 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.02.2022

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                               AND
                          THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

                                      W.A. Nos. 1527, 1528, 1529 & 1530 of 2013
                                        and M.P. Nos.1 to 1 and 2 to 2 of 2013

                  W.A. Nos. 1527 to 1529 of 2013

                  1.The Tax Recovery Officer – XXVII
                    Range – XIV
                    121, Mahatma Gandhi Road
                    Nungambakkam, Chennai – 600 034

                  2.The Assistant Commissioner of Income-tax
                    Circle - XIV
                    121, Mahatma Gandhi Road
                    Nungambakkam, Chennai – 600 034                                      .. Appellants

                                                          Versus

                  1.M/s.Sri Lakshmi Brick Industries
                    A partnership firm
                    Rep by its Managing Partner Mr.Elayaraja
                    H-6, Amabattur Industrial Estate
                    Ambattur,Chennai - 600 058

                  2.The Sub-Registrar
                    Sub-Registrar Office, Konnur
                    Chennai                                                                    ..
                  Respondents



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                  1/4
                                                                  W.A.Nos. 1527, 1528, 1529 & 1530 of 2013



                  W.A. No. 1530 of 2013

                  1.The Tax Recovery Officer – XXVII
                    Range – XIV
                    121, Mahatma Gandhi Road
                    Nungambakkam, Chennai – 600 034

                  2.The Assistant Commissioner of Income-tax
                    Circle - XIV
                    121, Mahatma Gandhi Road
                    Nungambakkam, Chennai – 600 034                                     .. Appellants

                                                         Versus

                  M/s.Sri Lakshmi Brick Industries
                  A partnership firm
                  Rep by its Managing Partner Mr.Elayaraja
                  H-6, Amabattur Industrial Estate
                  Ambattur,Chennai - 600 058                                            .. Respondent

                            Writ Appeals filed under Clause 15 of Letters Patent against the
                  common order dated 01.02.2013 made in W.P. Nos. 22913 to 22915 and
                  24101 of 2012.

                            For Appellants  :     Mrs. Hema Muralikrishnan (in all cases)
                            For Respondents :     Mr. R. Sivaraman for R1 (in all cases)


                                               COMMON JUDGMENT
                              [Judgment of the Court was delivered by R.MAHADEVAN,J.]


                            These writ appeal arise from the common order dated 01.02.2013

                  passed by the learned single judge in W.P. Nos. 22913 to 22915 and 24101 of

                  2012, in and by which, the Tax Recovery Officer was directed to pass
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                  2/4
                                                                    W.A.Nos. 1527, 1528, 1529 & 1530 of 2013

                  necessary orders, with respect to release of the property from attachment,

                  consequent to the proceedings of the Assistant Commissioner of Income Tax,

                  Circle XIV, accepting the order of the Tribunal

                            2. When the matters were taken up for consideration, the learned

                  standing counselfor the appellants and the learned counsel for the first

                  respondent/assessee, in unison, submitted that after filing of these writ appeals,

                  by proceedings in TRC No. 185 to 187 PAN: ABJFS6851R dated 19.03.2013,

                  the Tax Recovery Officer-XXVII, Chennai, has complied with the direction of

                  the learned Judge passed in the writ petitions, by withdrawing the orders of

                  attachment of the property with immediate efect. A copy of the said

                  proceedings has also been produced for perusal of this court.



                            3.Having regard to the aforesaid submission made by the learned counsel

                  on either side and upon perusal of the document placed, this court is of the

                  opinion that nothing survives for adjudication. Hence,all these writ appels are

                  dismissed as having become infructuous. No costs. Consequently, connected

                  miscellaneous petitions are closed.



                                                                  [R.M.D., J.]       [M.S.Q., J.]
                                                                            02.02.2022
                  Index           : Yes/No
                  dhk
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                  3/4
                                                               W.A.Nos. 1527, 1528, 1529 & 1530 of 2013

                                                                   R.MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

dhk

To

1. The Sub-Registrar Sub-Registrar Office, Konnur Chennai

2. The Tax Recovery Officer – XXVII Range – XIV 121, Mahatma Gandhi Road Nungambakkam, Chennai – 600 034

3. The Asistant Commissioner of Income Tax Range – XIV 121, Mahatma Gandhi Road Nungambakkam, Chennai – 600 034

W.A.Nos. 1527, 1528, 1529 & 1530 of 2013

02.02.2022

https://www.mhc.tn.gov.in/judis

 
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