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2013 (6) TMI 256

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..... elief sought for in the writ petition becomes infructuous. The respondents are at liberty to take steps for withdrawal of the complaint in EOCC No.52 of 1997 filed and pending before the Additional Chief Metropolitan Magistrate (EO II), Egmore, Chennai, in terms of the order passed under Section 279(2) of the Income Tax Act, 1961. - W.P.No.7130 of 1997 And W.P.M.P.Nos.161 and 163 of 2012 - - - Da .....

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..... ublic Prosecutor for Income Tax cases appearing for the respondents. 4. By order dated 26.4.2004, this writ petition was allowed as prayed for. Against that order, it is stated that the respondents herein preferred appeal in W.A.No.139 of 2006 before a Division Bench of this Court. The Division Bench set aside the order dated 26.4.2004 and remitted the matter for fresh consideration. The Judgmen .....

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..... is Court by order dated 11.6.2012 passed the following order: 4. Considering the facts and circumstances of the case and also in the interest of justice, the Chief Commissioner of Income Tax, Chennai-II, third respondent herein is directed to dispose of the petition dated 1.2.2010 filed by the petitioner for compounding the offence and pass appropriate orders, in accordance with, after givi .....

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..... No.52 of 1997 has been filed before the Additional Chief Metropolitan Magistrate (EO II), Egmore, Chennai, has been compounded under section 279(2) of the Income Tax Act, 1961 by the proceedings dated 31.12.2012. A copy of the order/proceedings passed by the Chief Commissioner of Income Tax, Chennai-II under section 279(2) of the Income Tax Act, 1961 duly certified by the Income Tax Officer, Busi .....

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..... take steps for withdrawal of the complaint in EOCC No.52 of 1997 filed and pending before the Additional Chief Metropolitan Magistrate (EO II), Egmore, Chennai, in terms of the order passed under Section 279(2) of the Income Tax Act, 1961. 10. In view of the above, the Writ Petition is closed as infructuous. No costs. The interim order passed in W.P.M.P.No.163 of 2012 dated 11.6.2012 is vacated .....

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