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Madras High CourtWP/2886/2016disposed of

Anand Cine Service v. Income Tax Officer

2016-02-08Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.Nos.2886 & 2887 of 2016 Anand Cine Service Rep. by its Partner Mr.A.Manohar Prasad Having Office at No.3, Sarangapani Street T. Nagar, Chennai-600 017.

.. Petitioner in both WPs v.

Income Tax Officer Media Circle I Aayakar Bhavan Nungambakkam High Road Chennai.

.. Respondent in both WPs Writ Petition No.2886/2016 filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondent to grant a refund to the petitioner of a sum of Rs.17,84,156/- due it for the assessment year 2009-10 along with the interest due thereon under section 244A of the Income Tax Act 1961.

Writ Petition No.2887/2016 filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondent to grant a refund to the petitioner of a sum of Rs.18,63,405/- due it for the assessment year 2008-09 along with the interest due thereon under section 244A of the Income Tax Act 1961.

For Petitioner : Mr.Suhrith Parthasarathy For Respondents : Mr.M.Swaminathan Sr. Standing Counsel COMMON ORDER W.P.No.2886/2016 has been filed by the petitioner to issue a Writ of Mandamus, directing the respondent to grant a refund to the petitioner company a sum of Rs.17,84,156/- due to them for the assessment year 2009-10 along with the interest due thereon under section 244A of the Income Tax Act, 1961. https://hcservices.ecourts.gov.in/hcservices/

2. W.P.No.2887/2016 has been filed by the petitioner to issue a Writ of Mandamus, directing the respondent to grant a refund to the petitioner company a sum of Rs.18,63,405/-due to them for the assessment year 2008-09 along with the interest due thereon under section 244A of the Income Tax Act 1961.

3. When the matters are taken up for hearing, Mr.Suhrith Parthasarathy, learned counsel appearing for the petitioner, submitted that it would be suffice to direct the respondent to consider the petitioner's representations dated 10.07.2015 and 07.07.2015, within a stipulated time.

4. Mr.M.Swaminathan, learned Senior Standing Counsel takes notice for the respondent and submitted that the respondent may be directed to consider the petitioner's representations, within a stipulated time.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petitions, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representations dated 10.07.2015 and 07.07.2015 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With this observation, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To Income Tax Officer Media Circle I Aayakar Bhavan Nungambakkam High Road Chennai.

+2cc to Mr.ArunKarthik Mohan, Advocate, S.R.No.8115 & 8114 +1cc to Mr.M.Swaminathan, Advocate, S.R.No.8417 W.P.Nos.2886 & 2887 of 2016 ca(CO) srg(16/02/2016) https://hcservices.ecourts.gov.in/hcservices/