The Nizam Sugars Limited, (Government Company) v. The Assistant Commissioner Of Income Tax

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN And THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.36220 of 2015 ORDER: (per Hon'ble Sri Justice Ramesh Ranganathan) The petitioner has invoked the jurisdiction of this Court questioning the inaction of the respondents, in not granting refund of a sum of Rs.5,63,62,106/- as determined by the second respondent in his proceedings dated 15.04.2013.

By order dated 15.04.2013, the second respondent determined a sum of Rs.5,63,62,106/- as refundable to the petitioner; and that the said refund would be issued on verification of tax credits. Sri B.Narasimha Sarma, learned Special Standing Counsel for the Income Tax Department, would submit that the records are in the process of being verified; and a part of the aforesaid amount has already been refunded to the petitioner.

Instead of keeping the Writ Petition pending on the file of this Court, ends of justice would be met if the second respondent is directed to verify the tax credits, and refund the amount due in terms of the order dated 15.04.2013 at the earliest, in any event not later than two months from the date of receipt of a copy of this order.

The Writ Petition stands disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

______________________________ RAMESH RANGANATHAN, J __________________________________ M.SATYANARAYANA MURTHY, J 25th January, 2016.

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