M/S. Siva Industries And Holdings Limited v. The Tax Recovery Officer, O/O. Principal Commissioner Of Income Tax

IN HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN M/s. Siva Industries and Holdings Limited,(formerly know as M/s. Siva Ventures Ltd.)Beliciaa Tower – I,10[th] Floor, 1[st] Main Road,MRC Nagar, R.A.Puram,Chennai – 600 028. ...PetitionerVs. Deputy Commissioner of Income Tax,Company Circle VI(3),7[th] Floor, New Block,121, Mahatma Gandhi Road,Chennai – 600 034....Respondent Writ Petition filed under Article 226 of the Constitutionof India, to issue a Writ of Certiorarified Mandamus, to callfor the records and quash the impugned order bearing PANNo.AAACS8496D dated 31.03.2014 passed under Section 143(3)read with Section 147 of the Income Tax Act, 1961 by therespondent and forbearing the respondent from withdrawing theexemption granted to the petitioner under Section 10(23G) ofthe Act vide order dated 31.10.2007. For Petitioner : Mr.N.V.Balaji for Mr.Sriram Seshadri For Respondent : Mr.Prabhu Mukunth,Arunkumar Junior Standing Counsel for Mr.Hema Muralikrishnan Standing Counsel. W.P.No.8101 of 2016:- M/s. Siva Industries and Holdings Limited,represented by its Director,No.32, Cathedral Garden,Nungambakkam, Chennai 600 034....Petitioner Vs. 1.The Tax Recovery Officer, O/o. Principal Commissioner of Income Tax 6, 121, Mahatma Gandhi Road, Chennai 034. 2.Deputy Commissioner of Income Tax, Corporate Range 6, 7[th] Floor, New Block, 121, Mahatma Gandhi Road, Chennai 034....Respondents Writ Petition filed under Article 226 of the Constitutionof India, to issue a Writ of Certiorari, to call for therecords and quash the impugned notice issued by the 1[st]respondent in T.R.12/15-16/TRO-6, O/o Pl.CIT – 6, Chennai -34,dated 02.02.2016. For Petitioner : Mr.N.V.Balaji For Respondents: Mr.Prabhu Mukunth, Arun Kumar Junior Standing Counsel for Mr.Hema Muralikrishnan Standing Counsel. C O M M O N O R D E RHeard the learned counsel for the petitioner and therespondents. 2.The learned counsel for the petitioner submits thatInsolvency Resolution Proceedings has been initiated beforethe NCLT. However, there is no representation by InsolvencyResolution Professional (IRP) in person or through any counselon behalf of Insolvency Resolution Professional (IRP). Underthese circumstances, since the interest of the petitioner hasto be represented only by the IRP and since there is norepresentation on behalf of the IRP, the present WritPetitions are liable to be dismissed. Insolvency Resolution Proceedings has been initiated beforethe NCLT. However, there is no representation by InsolvencyResolution Professional (IRP) in person or through any counselon behalf of Insolvency Resolution Professional (IRP). Underthese circumstances, since the interest of the petitioner hasto be represented only by the IRP and since there is norepresentation on behalf of the IRP, the present WritPetitions are liable to be dismissed. 3.Accordingly, the present Writ Petitions are dismissedwith liberty to the petitioner to restore the same either atthe instance of the Insolvency Resolution Professionalwith liberty to the petitioner to restore the same either atthe instance of the Insolvency Resolution Professionalhttps://hcservices.ecourts.gov.in/hcservices/(IRP) or at the instance of the petitioner as and when the petitioner company comes out of the resolution proceedingsbefore the NCLT. No cost. Consequently, connectedMiscellaneous Petitions are closed. Sd/-Assistant Registrar(CS-VI) //True copy// Sub Assistant RegistrarjenTo1.The Tax Recovery Officer, O/o. Principal Commissioner of Income Tax 6, 121, Mahatma Gandhi Road, Chennai 034.2.Deputy Commissioner of Income Tax, Corporate Range 6, 7[th] Floor, New Block, 121, Mahatma Gandhi Road, Chennai 034.+1cc to Mr.N.V.Balaji, Advocate SR.No.10984W.P.No.10684 of 2014and W.P.No.8101 of 2016and M.P.No.1 of 2014 andW.M.P.Nos.224 & 7226 of 2016GMR(CO)GMY(09/03/2020) petitioner company comes out of the resolution proceedingsbefore the NCLT. No cost. Consequently, connectedMiscellaneous Petitions are closed. Sd/-Assistant Registrar(CS-VI) //True copy// Sub Assistant RegistrarjenTo1.The Tax Recovery Officer, O/o. Principal Commissioner of Income Tax 6, 121, Mahatma Gandhi Road, Chennai 034.2.Deputy Commissioner of Income Tax, Corporate Range 6, 7[th] Floor, New Block, 121, Mahatma Gandhi Road, Chennai 034.+1cc to Mr.N.V.Balaji, Advocate SR.No.10984W.P.No.10684 of 2014and W.P.No.8101 of 2016and M.P.No.1 of 2014 andW.M.P.Nos.224 & 7226 of 2016GMR(CO)GMY(09/03/2020) https://hcservices.ecourts.gov.in/hcservices/