Tvl. Herbal Supplements Pvt v. The Appeallate Deputy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2016

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.Nos.6253 to 6256 of 2016 Tvl.Herbal Supplements Pvt Ltd., rep by its Managing Director, J.Paulson Joseph, 4/269, Dam Road, Akkarai Kodiveri Post, Kasipalayam Via, Gobichettipalayam Taluk, Erode District.

... Petitioner in all W.Ps Vs.

1.The Appellate Deputy Commissioner (CT), FAC, Erode.

2.The Commercial Tax Officer, Gobichettipalayam Assessment Circle, Gobichettipalayam.

... Respondents in all W.Ps Petitions filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the 2nd respondent to refund the excess tax paid by the petitioner on Turmeric Powder as per the revised orders of the 2nd respondent dated 10.07.2015 for the assessment years 2009-10, 2010-11, 2011-12 and 2012-13 along with delayed interest. For Petitioner : Mr.K.R.Krishnan (in all W.Ps) For Respondents: Mr.Manoharan Sundaram, (in all W.Ps Additional Government Pleader (Tax) C O M M O N O R D E R The petitioner has filed the above Writ Petitions to issue a writ of mandamus to direct the 2nd respondent to refund the excess tax paid by the petitioner on Turmeric Powder as per the revised orders of the 2nd respondent dated 10.07.2015 for the assessment years 2009-10, 2010-11, 2011-12 and 2012-13 along with delayed interest.

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2.Mr.Manoharan Sundaram, learned Additional Government Pleader (Tax) taking notice for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's representations 09.12.2015 and pass orders in accordance with law within a stipulated time.

3.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in these Writ Petitions, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representations dated 09.12.2015 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

4.With these observations, the Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar va To 1.The Appellate Deputy Commissioner (CT), FAC, Erode.

2.The Commercial Tax Officer, Gobichettipalayam Assessment Circle, Gobichettipalayam.

+1cc to M/s. K.R. Krishnan, Advocate, S.R.No.10755 +1cc to the Government Pleader, S.R.No.10863 AD(CO) EU(26/02/2016) W.P.Nos.6253 to 6256 of 2016 https://hcservices.ecourts.gov.in/hcservices/