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Madras High CourtWP/13860/2016disposed of

Ponds Hindustan Lever Ltd v. The Government Of India

2016-06-07Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.13860 of 2016 Ponds Hindustan Lever Ltd. Ex. Mercury Employees' Welfare Assocation, Rep. By its President.

... Petitioner -Vs1. The Government of India, Rep. By Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

2. The Central Board of Direct Taxes, Rep. By Chairman, Dept. of Revenue, North Block, New Delhi 110 001.

3. Chief Commissioner of Income Tax (TDS) 121, Uttamar Gandhhi Salai, Nungambakkam, Chennai 600 034.

4. Deputy Commissioner of Income Tax, TDS Circle 1 (1), HMT Bhavan, Bangalore.

5. Hindustan Unilever Limited, Rep. By its Managing Director, Hindustan Lever House, Back Bay Reclamation, Mumbai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 and 2 to consider the petitioner's application dated 02.04.2016 and filed on 04.04.2016 seeking exemption under Sect.119 (2)(b) & (c) of the Income Tax, 1961, from payment of income tax on the ex-gratia payments received by them from the 5th respondent herein under the settlement dated 04.03.2016.

For Petitioner :

M/s.R.Vaigai for M/s.Anna Mathew For Respondents :

Mr.J.Narayanasamy for RR 1 to 4 :

Mr.Parthasarathy for R-5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the Income Tax Department /Respondents 1 to 4 states that as per his instructions received few days ago, the Board was to finally dispose of the application filed by the petitioner, though he is not in a position to state today whether it is already disposed of or is likely to be disposed of shortly.

2.In view of the aforesaid position, we take the statement on record and if the matter has not already been disposed of, let the same be disposed of within a maximum period of four (4) weeks from today.

3.Needless to say that the interim protection granted to the petitioner would continue to enure for its benefit till such time as the order is passed and duly communicated to the petitioner and for a period of fifteen (15) days thereafter. 4.Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To

1. The Secretary, Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

2. The Chairman, Central Board of Direct Taxes, Dept. of Revenue, North Block, New Delhi 110 001.

3. The Chief Commissioner of Income Tax (TDS) 121, Uttamar Gandhhi Salai, Nungambakkam, Chennai 600 034.

4. The Deputy Commissioner of Income Tax, TDS Circle 1 (1), HMT Bhavan, Bangalore.

+2cc's to M/s.Anna Mathew, Advocate, S.R.No.30274 +1cc to Mr.J.Narayanasamy, Advocate, S.R.No.30346 W.P.No.13860 of 2016 NRJK(CO) CA(14/06/2016)