M/S.tamil Nadu State Marketing Corporation Ltd.,4[Th] Floor, Cmda Tower – Ii,Gandhi Irwin Bridge Road,Egmore, Chennai – 600 008Represented By Its Managing Direc v. The Deputy Commissioner Of Income Tax
High Court
21 Mar 2023 In favour of: Revenue
Forum / Bench
High Court · hc_cis_mas
Parties
M/S.tamil Nadu State Marketing Corporation Ltd.,4[Th] Floor, Cmda Tower – Ii,Gandhi Irwin Bridge Road,Egmore, Chennai – 600 008Represented By Its Managing Direc v. The Deputy Commissioner Of Income Tax
Date of order
21 Mar 2023
Assessment year(s)
2016-17
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In M/S.tamil Nadu State Marketing Corporation Ltd.,4[Th] Floor, Cmda Tower – Ii,Gandhi Irwin Bridge Road,Egmore, Chennai – 600 008Represented By Its Managing Direc v. The Deputy Commissioner Of Income Tax, the High Court (2023) dismissed the appeal under Section 206C of the Income-tax Act. The decision went in favour of the Revenue.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.03.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.Nos.8723, 8728, 8732, 8734, 8726, 8729, 8731 and 8733 of 2023and WMP Nos.8908, 8913, 8915, 8917, 8911, 8912, 8914 and 8916 of 2023
W.P.No.8723 of 2023:
M/s.Tamil Nadu State Marketing Corporation Ltd.,4[th] Floor, CMDA Tower – II,Gandhi Irwin Bridge Road,Egmore, Chennai – 600 008represented by its Managing Director,Shri.Dr.L.Subramanian
Vs
... Petitioner
The Deputy Commissioner of Income Tax,
TDS Circle – 3(1),Room No.114, BSNL Building,No.16, Greams road, Chennai – 600 034.
.... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the petitioner on the file of the respondent and quash the impugned proceedings initiated under section 206C (6A)/206C(7) of the Act in DIN & Notice No.ITBA/COM/F/17/2022-23/1050487343(1) dated 07.03.2023 for the assessment year 2016-17 in TAN: CHET07317C.
In all W.Ps.For Petitioner For Petitioner
W.P.Nos.8723 of 2023 etc. batch
: Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyar Padmanabhan for M/s.Subbaraya Aiyar Padmanabhan
For Respondents: Dr.B.Ramaswamy Senior Standing Counsel Senior Standing Counsel
C O M M O N O R D E R
Dr.B.Ramaswamy, learned Senior Standing Counsel accepts notice for
the respondent and is armed with requisite instructions to defend the matters, even at the stage of admission.
2. However, in view of the endorsement made by the learned counsel on
record for the petitioner to the effect that the petitioner will withdraw the Writ Petitions and continue the proceedings before the Assessing Authority, the contentions advanced by both parties are not recorded.
3. This is for the reason that the matter is at large before the authority, since the challenge before me is only a show cause notice for the alleged non-collection of tax at source (TCS) under Section 206C of the Income Tax Act, 1961.
4. Needless to say that the Assessing Authority will ensure that each and every point adduced by the petitioner is dealt with in accordance with law. The
petitioner is granted two (2) weeks from today to make their submissions in https://www.mhc.tn.gov.in/judis
W.P.Nos.8723 of 2023 etc. batch
response to the show cause notices and upon receipt of the submissions, the
petitioner shall be heard in person and orders passed in accordance with law
after proper marshalling of facts and appreciation of the legal position
involved.
5. In light of the endorsement made, these Writ Petitions are dismissed
as withdrawn with liberty as aforesaid. No costs. Connected Miscellaneous
Petitions are also dismissed.
SlIndex : Yes / NoSpeaking Order / Non Speaking OrderNeutral Citation:Yes/No
21.03.2023
To
The Deputy Commissioner of Income Tax,TDS Circle – 3(1),Room No.114, BSNL Building,
No.16, Greams road, Chennai – 600 034.
W.P.Nos.8723 of 2023 etc. batch
Dr.ANITA SUMANTH,J.
Sl
W.P.Nos.8723, 8728, 8732, 8734, 8726, 8729, 8731 and 8733 of 2023and WMP Nos.8908, 8913, 8915, 8917, 8911, 8912, 8914 and 8916 of 2023
21.03.2023
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