IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 06.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8283 of 2011 and M.P.No.1 of 2011 M/s.Sheila Packaging Industries, Represented by its Proprietor, No.76, Mir Bakshi Ali Street, Royapettah, Chennai – 600 014. .. Petitioner. Versus The Assistant Commissioner (CT) Royapettah – II Asst Circle, No.48, Greenways Road, Chennai – 14. .. Respondent. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records of the respondent in TNGST/0780098/2005-2006 and quash the impugned order dated 18.05.2010 and direct the respondent to pass a fresh assessment order for the asst year TNGST 2005-2006 after granting reasonable opportunity to the petitioner to produce the records in support of its case. For Petitioner : Mr.P.Rajkumar For Respondent : Mr.R.Mahadevan, AGP (T) O R D E R Heard the learned counsel appearing on behalf of the petitioner and the learned Additional Government Pleader (Tax) appearing on behalf of the respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if this Court is pleased to set aside the assessment order, dated 18.05.2010, issued by the respondent, and if the respondent is directed to pass a fresh assessment order based on the documents to be submitted by the petitioner. He had also submitted that the respondent may be directed to return the defective Form-17 declarations made by the petitioner, bearing Form-17 Nos.743271, 1514352, 1002185, 387685 and 231185, to the petitioner, permitting him to re-submit such forms, after making the necessary rectifications. https://hcservices.ecourts.gov.in/hcservices/ 3. The learned Additional Government Pleader (Tax) appearing on behalf of the respondent, has no objection for such an order being passed by this Court. 4. Hence, the impugned order of the respondent, dated 18.05.2010, is set aside. The respondent shall return the defective forms (Form-17), as found in the impugned order, dated 18.05.2010, to the petitioner. The petitioner shall be permitted to produce all the relevant documents in support of his claims. He shall also be permitted to produce rectified Form-17 declarations, in respect of the assessment year, 2005-2006. The petitioner shall produce the relevant documents, as well as the forms, within a period of 15 days from the date of receipt of a copy of this order. On receipt of the documents, including the forms, the respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of eight weeks thereafter. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar cse To The Assistant Commissioner (CT) Royapettah – II Asst Circle, No.48, Greenways Road, Chennai – 14. 1 cc to Spl.Government Pleader,(Taxes) Sr.No.24780 Writ Petition No.8283 of 2011 and M.P.No.1 of 2011 DM {CO} TP/11.4.2011. https://hcservices.ecourts.gov.in/hcservices/