WP/19170/2007 of M/s. Coramandal Fertilisers Limited, Coramandal House, Vs The Commercial Tax Officer, on 26 December 2007

1. The Commercial Tax Officer,

S.D. Road Circle, Secunderabad and another.

..Respondents.

HONOURABLE MRS. JUSTICE T.MEENA KUMARI&HONOURABLE MS JUSTICE G. ROHINI

ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari)

The present writ petition is filed by the petitioner seeking to declarethe action of the respondents in not refunding an amount of Rs.13,77,568/-,which was paid by the petitioner for the assessment year 1994-95, even atthe belated stage, as illegal and arbitrary and consequently, to direct therespondents to refund the above amount with interest forthwith.

When this matter has come up for hearing, the learned Specialstanding Counsel for Commercial Taxes has while submitting the writteninstructions, stated that the department would incline to refund the tax to thepetitioner and therefore, time is sought for, for refund of the tax.

In view of the facts and circumstances of the case and in view of thesubmission made by the learned standing Counsel as well as the writteninstructions, which have been placed before this Court, without expressingany opinion on the merits of the case, We feel it a fit case wherein some timecan be granted for refund of the amount in question.

Accordingly, three months time is granted for refund of the amount inquestion, from the date of receipt of a copy of the order.

Subject to the above direction, the writ petition is disposed of. Noorder as to costs.

_______________________

Justice T. Meena Kumari

___________________

Justice G. Rohini

Date: 26[th] December, 2007Note:CC in one week. (BO)Nn/Gurc.

HONOURABLE MRS. JUSTICE T.MEENA KUMARI&HONOURABLE MS JUSTICE G. ROHINI

(Order delivered by the Hon’ble Smt. Justice T. Meena Kumari)