IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 14514 of 2008 Between: M/s. The Calcutta Chemical Company Limited, (Presently Known as Henkel India Limited), A1/98, Opp: St. John's Regional Seminary, Main Road, Ramanthapur, Hyderabad - 500 013, Rep. by its Accounts Executive Mr. V. Rama Krishnan. ..... PETITIONER AND 1 The Commercial Tax Officer, M.J. Market Circle, Hyderabad. 2 The Appellate Deputy Commissioner (CT), Secunderabad Division, Hyderabad. 3 The Joint Commissioner (CT) Legal, Andhra Pradesh, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ of Mandamus or any other appropriate Writ or order or direction declaring the action of the 3rd Respondent in passing the impugned revision order dated 28-5-2008 for the assessment year 2001-02 as illegal, arbitrary in violation of principles of natural justice, without authority of law and jurisdiction and set aside the same and declare that the 3rd Respondent is bound to defer the revision proceedings in terms of Section 20(2-A) of the Act as interpreted by the Hon'ble High Court in the case of Indo National Limited case (136 STC Page 586) since similar issued and identical questions of law are the subject mater of appeal before the Hon'ble Sales Tax Appellate Tribunal in T.A.No. 172 of 2008 for the assessment year 2002-03, and pass Counsel for the Petitioner: R.S.DWARAKANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) When this writ petition is taken up for hearing, learned counsel for the petitioner seeks permission of the court to withdraw the writ petition, with a liberty to avail the remedy of statutory appeal. Permission is accorded. The Writ Petition is accordingly dismissed as withdrawn, with a liberty to avail the remedy of statutory appeal, in accordance with law. No order as to costs. ____________________ Justice T. Meena Kumari ________________________ Justice Ramesh Ranganathan. July 8, 2008 MAS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}