M/S. Advantage Strategic Consulting Pvt. Ltd v. The Principal Commissioner Of Income Tax, Central – 2, Room

CORAM M/s. Advantage Strategic Consulting Pvt. Ltd.,Represented by its Director,Mr. M.Rajesh,Flat 3 B, Bajaj Apartments,7/4, Nandanam Extension Main Road,Chennai – 600 036. ... Petitioner -vs- 1. The Principal Commissioner of Income Tax, Central – 2, Room No. 302, III Floor, Investigation Wing, No. 46, M.G.Road, Nungambakkam, Chennai – 600 034. 2. The Deputy Commissioner of Income Tax, Central Circle 2(1), Investigation Wing, Income Tax Department, Room No. 122, 1[st] Floor, New No. 46, M.G.Road, Nungambakkam, Chennai – 600 034.... Respondents Prayer:- Writ Petition filed under Article 226 of theConstitution of India praying to issue a Writ of Certiorari,calling for the records of the First Respondent relating toorder dated 31.03.2017 having Ref. No. C. No. 2744/ C-2/2015-16/28 passed under Section 263 of the Income Tax Act, 1961, inthe case of the Petitioner for the Assessment Year 2012-13 andquash the same insofar as it is vitiated by legal malafides,lacking in bonafides, abuse of authority, wrongful exercise ofdiscretion under Section 263 of the Income Tax Act, withoutjurisdiction and a nullity for having been passed in grossviolation of principles of natural justice. For Petitioner : For Respondents: Ms. C.Uma Mr. A.P.Srinivas, Standing Counsel O R D E R (through video conference) The Writ Petition had been filed challenging the Order in C.No. 2744/ C-2/2015-16/28 passed by the First Respondent underSection 263 of the Income Tax Act, 1961 (hereinafter referred toas 'the Act' for short) for the assessment year 2012-2013 inrespect of the Petitioner. 2. When it is pointed out by the Learned Standing Counselappearing for the Respondents that the Petitioner has got aneffective alternative remedy to challenge the impugned order byway of appeal under Section 253 of the Act before the Income TaxAppellate Tribunal, Learned Counsel for the Petitioner seekspermission of this Court to withdraw the Writ Petition withliberty to resort to the aforesaid procedure. She has filed amemo dated 27.11.2020 to that effect through e-mail, which isplaced on record. 3. In the result, the Writ Petition is dismissed as withdrawngranting such liberty. It is made clear that for the purpose ofreckoning limitation for availing aforesaid remedy, the periodfrom the date of filing of the Writ Petition, viz.,20.04.2017, till the date on which the certified copy of thisorder is made ready by the Registry, shall be excluded.Consequently, the connected Miscellaneous Petition is closed. Nocosts. Sd/- Assistant Registrar(CS IV) //True Copy// vjt Sub Assistant Registrar To 1. The Principal Commissioner of Income Tax, Central – 2, Room No. 302, III Floor, Investigation Wing, No. 46, M.G.Road, Nungambakkam, Chennai – 600 034. Room No. 302, III Floor, Investigation Wing, No. 46, M.G.Road, Nungambakkam, Chennai – 600 034. 2. The Deputy Commissioner of Income Tax, Central Circle 2(1), Investigation Wing, Income Tax Department, Room No. 122, 1[st] Floor, New No. 46, M.G.Road, Nungambakkam, Chennai – 600 034. +1cc to Ms.C.Uma, Advocate, S.R.No.38105+1cc to Mr.A.P.Srinivas, Advocate, S.R.No. 38210 AJS(CO)NRA(11/12/2020) W.P. No. 10896 of 2017