M/S. Alkraft Thermo v. The Assistant Commissioner(Ct)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.15439 of 2017 M/s.Alkraft Thermo Technologies Pvt. Ltd., Rep. by its Chief Financial Officer, Mr.P.Sirajudeen 35-A & B/1, Ambattur Industrial Estate, Chennai-600 058.

... Petitioner Vs.

The Assistant Commissioner (CT) Pattaravakkam Assessment Circle, No.127, 2nd Floor, Yadhaval Street, Padi, Chennai-600 050.

... Respondent Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondent to pass an assessment order for the assessment year CST/2011-2012 taking into account of the documents submitted by the petitioner on 22.08.2015 and by affording an opportunity of personal hearing for producing further documents before passing the said assessment order.

For Petitioner : Mr.C.Saravanan For Respondent : Mr.K.Venkatesh Government Advocate

O R D E R

Mr.K.Venkatesh, learned Government Advocate, takes notice for the respondent. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondent to pass an order of assessment for the assessment year 2011-2012, taking into account of the documents submitted by them on 22.08.2015 and by affording an opportunity of personal hearing.

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3. The grievance of the petitioner is that even though the petitioner submitted the accounts on 28.12.2015, the respondent has not passed the order of assessment.

4. The learned Government Advocate appearing for the respondent submitted that the order of assessment will be passed within a short time.

5. Considering the limited scope of the prayer sought for in this writ petition and without going into the merits of the contention raised by the petitioner with regard to the assessment, this writ petition is disposed of, only with a direction to the respondent to pass the order of assessment for the year 2011-2012, after affording an opportunity of personal hearing to the petitioner and also by considering their objections. Such exercise shall be done by the respondent within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To The Assistant Commissioner (CT) Pattaravakkam Assessment Circle, No.127, 2nd Floor, Yadhaval Street, Padi, Chennai-600 050.

+1cc to Mr.C.Saravanan, Advocate, S.R.No.43680 +1cc to the Special Government Pleader(T), S.R.No.43558 W.P.No.15439 of 2017 RR(CO) CA(28/06/2017) https://hcservices.ecourts.gov.in/hcservices/