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Madras High CourtWP/28828/2016disposed of

M/S.Deepak Engineering Works, v. The Assistant Commissioner(Ct)

2016-08-18Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.8.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.28828 of 2016 M/s. Deepak Engineering Works,rep.by its Managing Partner-K.K.Sadanandan

...Petitioner

Vs The Assistant Commissioner (CT), Palladam Circle, Palladam, Tirupur District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to refund the excess ITC of Rs.14,43,987/- carried forward from August 2014 to May 2016 as per representation made by the petitioner dated 26.07.2016. For Petitioner : Mr. S.Rajasekar For Respondent : Mr.K.Venkatesh, GA

ORDER

Mr.K.Venkatesh, learned Government Advocate accepts notice for the respondent. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. This writ petition has been filed seeking a direction to the respondent to refund the excess input tax credit of Rs.14,43,987/-, which is alleged to have been carried forward from August 2014 to May 2016, as per the representation made by the petitioner dated 26.07.2016.

3. Though such a positive direction was sought for, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied if the representation is considered on merits.

4. The learned Government Advocate appearing for the respondent submits that reasonable time may be granted to the respondent to consider the representation.

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5. In the light of the above, without going to the merits of the claim made by the petitioner, the writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 26.07.2016 on merits and in accordance with law, pass a speaking order and communicate the same the petitioner, within eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To The Assistant Commissioner (CT), Palladam Circule, Palladam, Tirupur Dist.

+1cc to Mrs. R. Hemalatha, Advocate, S.R.No.47081 +1cc to the Special Government Pleader, S.R.No.47253 SR(CO) EU(06/09/2016) W.P.No.28828 of 2016 https://hcservices.ecourts.gov.in/hcservices/