Wp v. The Income Tax Officer

DATED: 04.02.2021 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.2013 of 2020 &WMP.Nos.2348 & 2350 of 2020 M/s.David Nagar TrustRep. by its Secretary, Mr.Stanley JesudasanNo.3/238, David Nagar,Gnanmmal Road,Padappai – 601 301 ...PetitionerVsThe Income Tax Officer, Ward – 1, No.96, M.M.Avenue,Kanchipuram – 631 501. ...RespondentPrayer: Writ Petition filed under Article 226 of the Constitu-tion of India praying to Writ of Certiorari to call for therecords of the respondent in PAN No. dated 18.12.2019and quash the re-assessment order dated 18.12.2019 for AY 2015-16 passed therein.For Petitioner : Ms.G.Vardhini Karthik For Respondent : Mrs.Hema Muralikrishnan, Senior Standing CounselO R D E R Learned counsel for the petitioner has filed a memo undercover of e-mail dated 04.02.2021 on behalf of the petitionerseeking leave of this Court to withdraw the writ petition withliberty to file a statutory appeal in terms of the provisions ofthe Income Tax Act, 1961 (in short ‘Act’). 2. Recording the same, this writ petition is dismissed aswithdrawn. Consequently, connected miscellaneous petitions areclosed. No costs. 3. Liberty is granted to the petitioner to file astatutory appeal before the first appellate authority within aperiod of 30 days from today. Such appeal, if filed within theaforesaid period, shall be taken on file by the Registry of theCommissioner of Income Tax (Appeals) without reference tolimitation, seeing as the petitioner has enjoyed an order ofinterim stay pending Writ Petition. All contentions are leftopen to be agitated before the first appellate authority,including the question of assumption of jurisdiction underSection 147 of the Act. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant RegistrarslToThe Income Tax Officer, Ward – 1, No.96, M.M.Avenue,Kanchipuram – 631 501.+1cc to M/s.Hema Muralikrishnan, Advocate, S.R.No.6027+1cc to Mr.Praveen Alexander, Advocate, S.R.No.6258W.P. No.2013 of 2020 &WMP.Nos.2348 & 2350 of 2020GSM(CO)KKV/24/02/2021