Dismissed

AA.189 Ingur Primary Agricultural v. the Income Tax Officer

Madras HC1 Nov 2021WP/2571/2019

Case brief

AI extract

What is this about?

Four writ petitions filed under Article 226 by agricultural cooperative societies seeking quash orders passed by the Income Tax Officer were dismissed for default as the petitioners failed to appear in four successive listings.

What did the court decide?

Writ petitions and connected miscellaneous petitions dismissed for default/non-prosecution; no order as to costs.

AA.189 Ingur Primary Agricultural Vs the Income Tax… — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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W.P.Nos.2571, 2580, 2587 & 2593 of 2019 & WMP.Nos.2845, 2841, 2856, 2857, 2855, 2864, 2863 & 2851 of 2019

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W.P.No.2571 of 2019:

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AA.189 Ingur Primary Agricultural Cooperative Credit Society Ltd., Rep.by its President, D.Shanthi, M/62, W/o.R.K.S.Dhandapani, East Street, Ingur, Erode District. ... Petitioner Vs.

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The Income Tax Officer, Ward-2(2), Erode, Income Tax Office, No.15, Gandhiji Road, Erode. Erode District. ...Respondent

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W.P.No.2580 of 2019:

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A.A.531, Kesarimangalam Primary Agricultural Cooperative Credit Society Ltd., Rep.by its President, K.Manthi Gounder, M/59, S/o.Krishna Gounder, Kuppuchipalayam, Kesarimangalam Post, Bhavani Taluk, Erode District. ...Petitioner Vs. The Income Tax Officer, Ward-2(5), Erode, Income Tax Office, No.15, Gandhiji Road, Erode. Erode District. ...Respondent W.P.No.2587 of 2019:

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A.A.82, Vilakkethi Primary Agricultural Cooperative Credit Society Ltd., Rep.by its President, K.Selvaraj, M/50, S/o.Karuppanna Gounder, No.11, Chinnapandipalayam, https://hcservices.ecourts.gov.in/hcservices/ Kagam Post, Sivagiri-638 109,Erode District. ...Petitioner

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Vs.

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The Income Tax Officer, Ward-2(4), Erode, Income Tax Office, No.15, Gandhiji Road, Erode, Erode District. ...Respondent W.P.No.2593 of 2019: A.A.516, Morattupalayam Primary Agricultural Cooperative Credit Society Ltd., Rep.by its President, M.R.Mani, M/68, S/o. Rakkia Gounder, No.162, Govindampalayam Road, Morattupalayam Post, Uthukuli Railway Station Via, Tiruppur District. ...Petitioner Vs.

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The Income Tax Officer, Ward-1(3), Erode, Income Tax Officer, No.121, Adams Building, Sixty Feet Road, Tiruppur. ...Respondent

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Common Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the entire records relating to the impugned order passed by the respondent in Order Nos. ITBA/AST/S/143(3)/201819/1014552049(1), ITBA/AST/S/143(3)/2018-19/1014556173(1), ITBA/AST/S/144/2018-19/1014537669(1) respectively all dated 24.12.2018 and Order No.ITBA/AST/S/143(3)/2018-19/1014632183 (1) dated 28.12.2018 respectively and quash the same.

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For Petitioner in all W.Ps: No Appearance

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For Respondent in all W.Ps: Mr.ANR.Jaya Pratap, Junior standing counsel for Income Tax.

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C O M M O N O R D E R

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Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 28.10.2021.

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Pursuant to the aforementioned earlier proceedings, captioned matters have been listed under the cause list caption 'FOR DISMISSAL'.

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Proceedings made in three earlier listings namely on 15.09.2021, 27.10.2021 and 28.10.2021 are relevant and the https://hcservices.ecourts.gov.in/hcservices/ same read as follows:

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Proceedings on 15.09.2021:

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'There is no representation for writ petitioner, with the intention of giving opportunity to writ petitioner and writ petitioner's counsel, list this matter six(6) weeks hence.

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List on 27.10.2021.'

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Proceedings on 27.10.2021:

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'There is no representation for writ petitioner today also. To be noted, there was no representation in the previous listing on 15.09.2021.

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Mr.A.N.R.Jayapratap, learned Revenue counsel is before this Virtual Court. However, with the intention of giving further opportunity to the writ petitioner and writ petitioner's counsel, list this matter tomorrow.

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List on 28.10.2021.'

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Proceedings on 28.10.2021:

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'Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 15.09.2021 and 27.10.2021.

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The position is no different today. In other words, there is no representation for writ petitioner today also. To be noted, this is the third successive/consecutive listing in which there is no representation for writ petitioner. Therefore, Registry to list this matter under the cause list caption 'FOR DISMISSAL' on 01.11.2021 (Monday).'

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A perusal of above proceedings make it clear that this is the fourth consecutive/successive listing, in which there has been no representation for the writ petitioner, though matter has been listed under the cause list caption 'FOR DISMISSAL'.

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https://hcservices.ecourts.gov.in/hcservices/

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Therefore, captioned Writ Petitions are dismissed for default/non-prosecution. Consequently, connected writ miscellaneous petitions are also dismissed for default/nonprosecution. There shall be no order as to costs.

Sd/-

Assistant Registrar

//True copy//

Sub Assistant Registrar

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nsa/nst

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The Income Tax Officer, Ward-2(2), Erode,

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Income Tax Office, No.15, Gandhiji Road, Erode. Erode District.

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The Income Tax Officer,

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Ward-2(5), Erode,

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Income Tax Office, No.15, Gandhiji Road, Erode. Erode District.

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The Income Tax Officer, Ward-2(4), Erode,

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Income Tax Office, No.15, Gandhiji Road, Erode, Erode District.

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The Income Tax Officer, Ward-1(3), Erode, Income Tax Officer, No.121, Adams Building, Sixty Feet Road, Tiruppur.

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+4ccs to Mr.A.P.Srinivas, Advocate SR.No.57109

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W.P.Nos.2571, 2580, 2587 & 2593 of 2019

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& WMP.Nos.2845, 2841, 2856, 2857, 2855, 2864, 2863 & 2851 of 2019

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SSI(CO) GMY(13/12/2021)

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https://hcservices.ecourts.gov.in/hcservices/

AA.189 Ingur Primary Agricultural v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

AA.189 Ingur Primary Agricultural v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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