Sekar Textiles v. The Income-tax Officer, Nagapattinam / The Registrar, Income-tax Appellate Tribunal, Chennai
[Citation -2020-LL-0204-33]

Citation 2020-LL-0204-33
Appellant Name Sekar Textiles
Respondent Name The Income-tax Officer, Nagapattinam / The Registrar, Income-tax Appellate Tribunal, Chennai
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 04/02/2020
Judgment View Judgment
Keyword Tags recovery of tax • arrears of income-tax
Bot Summary: Order dt.4.2.2020 in W.P.No. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records in M.P.No. 2383 of 1994 on the file of the second Respondent and quash its order dated 26.5.2003 and direct the second Respondent to rehear the appeal I.T.A.No. On the last occasion, the following order was passed by this court on 7.1.2020:- The learned counsel for the Revenue prays for some time to ascertain as to whether the Assessee has paid the amount in pursuance to the order passed by the Tribunal on 23.1.2003, by which only addition of Rs.1,00,000/- was upheld by the Tribunal. Since the learned counsel for the Assessee Mr.K.Ramagopal said to have expired, if the Assessee already paid the tax, the present writ petition filed against the order passed in the Miscellaneous Petition, seeking restoration of the Appeal may have become infructuous. The learned Senior Standing Counsel Ms.Hema Muralikrishnan appearing for the Revenue informed the court today that the recovery of the arrears of tax on the basis of the said addition of Rs.1,00,000/- has been made and therefore, nothing survives for consideration and the Writ Petition has become infructuous. In view of the aforesaid statement, we dismiss the Writ Petition as infructuous with a liberty to the Petitioner to revive the case, if any contrary material is found by the Assessee.


Order dt.4.2.2020 in W.P.No.24144/2003 Sekar Textiles v. ITO & anr. 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.2.2020 CORAM HONOURABLE DR.JUSTICE VINEET KOTHARI AND HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.24144 of 2003 M/s.Sekar Textiles, rep. by its Partner K.Shanthakumar, Karaikkal. Petitioner Versus 1. Income Tax Officer, Nagapattinam. 2. Registrar, Income Tax Appellate Tribunal, Chennai. Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of writ of certiorarified mandamus calling for records in M.P.No.26 of 2003 in I.T.A.No.2383 of 1994 on file of second Respondent and quash its order dated 26.5.2003 and direct second Respondent to rehear appeal I.T.A.No.2383 of 1994. For petitioner : No appearance. For Respondent : Ms.Hema Muralikrishnan Senior Standing Counsel ORDER (Order of court was made by Dr.VINEET KOTHARI, J.) None appears for Petitioner. http://www.judis.nic.in Order dt.4.2.2020 in W.P.No.24144/2003 Sekar Textiles v. ITO & anr. 2/4 2. On last occasion, following order was passed by this court on 7.1.2020:- "The learned counsel for Revenue prays for some time to ascertain as to whether Assessee has paid amount in pursuance to order passed by Tribunal on 23.1.2003, by which only addition of Rs.1,00,000/- (Rupees One Lakh only) was upheld by Tribunal. Since learned counsel for Assessee Mr.K.Ramagopal said to have expired, if Assessee already paid tax, present writ petition filed against order passed in Miscellaneous Petition, seeking restoration of Appeal may have become infructuous." 3. learned Senior Standing Counsel Ms.Hema Muralikrishnan appearing for Revenue informed court today that recovery of arrears of tax on basis of said addition of Rs.1,00,000/- has been made and therefore, nothing survives for consideration and Writ Petition has become infructuous. 4. In view of aforesaid statement, we dismiss Writ Petition as infructuous with liberty to Petitioner to revive case, if any contrary material is found by Assessee. No costs. (V.K.,J.)(R.S.K.,J) 4.2.2020 http://www.judis.nic.in Order dt.4.2.2020 in W.P.No.24144/2003 Sekar Textiles v. ITO & anr. 3/4 Index:Yes/No Internet:Yes/No ssk. To: 1. Income Tax Officer, Nagapattinam. 2. Registrar, Income Tax Appellate Tribunal, Chennai. 3. M/s.Sekar Textiles, rep. by its Partner K.Shanthakumar, Karaikkal. http://www.judis.nic.in Order dt.4.2.2020 in W.P.No.24144/2003 Sekar Textiles v. ITO & anr. 4/4 DR.VINEET KOTHARI, J. AND R.SURESH KUMAR, J. ssk. W.P.No.24144 of 2003 4.2.2020 http://www.judis.nic.in Sekar Textiles v. Income-tax Officer, Nagapattinam / Registrar, Income-tax Appellate Tribunal, Chennai
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