M/S.Surin Automative P Ltd., v. The Commercial Tax Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.29945 of 2018 M/s.Surin Automative (P) Ltd., Rep. by the Authorised Signatory R.Seshadri No.5, G.S.T.Road, Guduvancherry, Chennai-603 202.

... Petitioner vs.

The Commercial Tax Officer Chengalpet Assessment Circle No.16A, 1st Floor, First Main Road, Anna Nagar, Chengalpet.

..Respondent Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the petition filed by the petitioner dated 26.09.2016 and reminder letters dated 12.04.2017 and 13.07.2018 and direct the respondent to refund the Excess ITC of Rs.42,25,064/- For Petitioner : Mr.S.Ramanathan For Respondent : Mr.V.Haribabu Additional Government Pleader

O R D E R

Mr.V.Haribabu, learned Additional Government Pleader takes notice for the respondent. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2.

The petitioner seeks for mandamus directing the respondent to consider their representation dated 26.09.2016 and reminder letters dated 12.04.2017 and 13.07.2018, wherein and whereby, they sought for refund of excess ITC of Rs.42,25,064/-.

3. The grievance of the petitioner before this Court is that the said request has not been considered by the respondent so https://hcservices.ecourts.gov.in/hcservices/

far. This Court, at this stage is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondent to consider and decide. Therefore, this writ petition is disposed of, only by directing the respondent to consider the representation of the petitioner dated 26.09.2016 and reminder letters dated 12.04.2017 and 13.07.2018 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar mk To The Commercial Tax Officer Chengalpet Assessment Circle No.16A, 1st Floor, First Main Road, Anna Nagar, Chengalpet.

+1cc to Mr.S.Ramanathan, Advocate SR.No.77466 +1cc to Government Pleader SR.No.78451 WP.No.29945 of 2018 SKV(CO) GMY(03/12/2018) https://hcservices.ecourts.gov.in/hcservices/