The Commissioner Of Commercial ... vs Metalica Metals
2023 Latest Caselaw 635 Mad

                                                                                     W.A.No.144 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 11.01.2023

                                                       CORAM:

                             THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                AND
                            THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

                                                  W.A.No.144 of 2023

            1. The Commissioner of Commercial Taxes,
               Chepauk, Chennai-600 005.

            2. The Commercial Tax Officer,
               Harbour Assessment Circle,
               Chennai-600 086.                                            .. Appellants

                                                                 -vs-
            Metalica Metals
            rep. by its Partner,
            Chennai.                                                       ... Respondent

            Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the order dated

            03.10.2016 passed in W.P.No.34779/2016 and allow the Writ Appeal.


                                      For Appellants     : Mr.M.Venkateswaran, Spl.G.P.

                                      For Respondent     : ...




            1/4

https://www.mhc.tn.gov.in/judis
                                                                                               W.A.No.144 of 2023

                                                    JUDGMENT

Learned Special Government Pleader appearing for the appellants sought for

permission of this Court to withdraw the present Writ Appeal and he has also filed a

Memo of Withdrawal of the Writ Appeal dated 06.01.2023 to that effect.

2. In this regard, it is relevant to extract the Memo of Withdrawal of the Writ

Appeal here under:

''I submit that in compliance with the order of the Hon'ble High Court dated 03.10.2016, the assessment had been revised for the year 2014-15 vide order dated 03.03.2017 after affording personal hearing opportunities to the assessee. The demand raised vide Proceedings of the Appellant in TIN.33190021230/2014-15 dated 24.08.2016 for Rs.51,29,912/- was revised to Rs.34,155/-. Action has been initiated under Revenue Recovery Act to recover the demand.

In the above circumstances, it is, therefore, prayed that this Hon'ble High Court may be pleased to permit the Appellant to withdraw the above Writ Appeal filed in W.A.S.R.No.76224 against W.P.No.34779 of 2016 and thus render justice.''

https://www.mhc.tn.gov.in/judis W.A.No.144 of 2023

3. Recording the same, permission is granted to the learned Special

government Pleader for the appellants to withdraw the above Writ Appeal.

Accordingly, the Writ Appeal is dismissed as withdrawn. No costs.

                                                                       [S.V.N., J.]      [M.S.Q., J.]
                                                                                11.01.2023
            Index: Yes / No
            Internet: Yes / No
            tsi

https://www.mhc.tn.gov.in/judis W.A.No.144 of 2023

S. VAIDYANATHAN, J.

and MOHAMMED SHAFFIQ, J.

tsi

W.A.No.144 of 2023

11.01.2023

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