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Madras High CourtWP/12256/2017disposed of

M/S.Shanthi Feeds Private v. The Commercial Tax Officer

2017-05-10Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2017

CORAM

THE HON'BLE Mr. JUSTICE K.KALYANASUNDARAM W.P.No.12256 of 2017 M/s. Shanthi Feeds Private Limited rep. by its Authorised Signatory K.Gunasekaran .. Petitioner vs.

The Commercial Tax Officer (CT) Palladam Circle, Tirupur.

... Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the respondent herein to consider the representation dated 20.04.2017 filed by the petitioner and refund the amount of Input Tax Credit reversed by the petitioner under Proviso to Section 19(2) of the TNVAT Act, 2006 by applying the judgement of this Court in W.P.No.7969 of 2014 etc., batch of cases dt: 06.02.2017.

For Petitioner : Mr.B.Raveendran For Respondent : Mr.Kanmani Annamalai Addl. Govt. Pleader

ORDER

The prayer in the writ petition is for issuance of a writ of mandamus directing the respondent to consider the representation of the petitioner dated 20.04.2017 to refund the amount of Input Tax Credit reversed by the petitioner under Proviso to Section 19(2) of the TNVAT Act, 2006.

2. Heard Mr.B.Raveendran, learned counsel for the petitioner and Mr.Kanmani Annamalai, learned counsel for the respondent.

3. Learned counsel for the petitioner would submit that it would suffice, if a direction is given to the respondent to consider the representation of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the submission, without going into the merits of this case, the respondent is directed to consider the representation of the petitioner dated 20.01.2017, on merits and in accordance with law and also pass orders, within a period of eight weeks, from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar smi To, The Commercial Tax Officer (CT) Palladam Circle, Tirupur.

+1cc to Mr.B.Raveendran, Advocate Sr. 37188 +1cc to the Special Government Pleader (Taxes), High Court, Madras Sr. 37281 W.P.No.12256 of 2017 SJ(CO) VR(15/5/2017) https://hcservices.ecourts.gov.in/hcservices/