SHRI V S CHANDRASHEKAR vs. THE TAX RECOVERY OFFICER-4

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WP/58152/2018HC KarnatakaKAHC01026329201825 November 2020Bench: M.NAGAPRASANNA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission of the petitioner's counsel that the prayer in the writ petition no longer survives. Consequently, the Court dismissed the writ petition as withdrawn.

What were the facts?

The petitioner filed a writ petition challenging an order for the proclamation of sale of their properties for recovery of outstanding tax dues. The petitioner's counsel submitted that the prayer in the writ petition no longer survives for consideration.

What were the issues?

The primary issue was whether the writ petition, filed against an order for proclamation of sale for tax recovery, was still maintainable given the petitioner's subsequent submission.

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF NOVEMBER, 2020

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.58152/2018 (T-IT)

BETWEEN

SHRI V.S. CHANDRASHEKAR AGED 53 YEARS PROP: M/S. MADHURA DEVELOPERS NO.46, 9TH CROSS, 28TH MAIN J.P. NAGAR 1ST PHASE BENGALURU – 560 078 PAN: ACMPC6369G

... PETITIONER (BY SRI. ANKUR PAI DHUNGAT, ADVOCATE (VIDEO CONFERENCING))

AND

1.

THE TAX RECOVERY OFFICER-4

ROOM NO.553, 5TH FLOOR

BMTC BUILDING

80 FEET ROAD, 6TH BLOCK

KORAMANGALA

BENGALURU – 560 095

2.

THE ASSISTANT COMMISSIONER OF

INCOME TAX

CIRCLE 4(3)(1)

ROOM NO.437, 4TH FLOOR

BMTC BUILDING

80 FEET ROAD, 6TH BLOCK

KORAMANGALA

BENGALURU – 560 095

3.

THE PRINCIPAL COMMISSIONER OF

INCOME-TAX

BENGALURU-4

5TH FLOOR, BMTC BUILDING

80 FEET ROAD, 6TH BLOCK

KORAMANGALA

BENGALURU – 560 095 ... RESPONDENTS (BY SRI K.V. ARAVIND, ADVOCATE (PHYSICAL HEARING)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.12.2018 PASSED BY THE R-1 FOR PROCLAMATION OF SALE OF THE PETITIONERS PROPERTIES FOR THE RECOVERY OF THE OUTSTANDING TAX DUES [INCLUDING INTEREST] FOR THE ASSESSMENT YEAR 2016-17 [ANNEXURE-A] AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel appearing for the petitioner submits that the prayer in the writ petition no longer survives for consideration at the hands of this Court and would seek to withdraw the petition.

3 Placing the submission of the learned counsel appearing for the petitioner on record, the writ petition is dismissed as withdrawn.

Sd/- JUDGE

SJK

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