Madras High CourtWP/30656/2018disposed of

M/S.Rpn Engineers Chennai Private Ltd., v. The Assistant Commissioner (Ct),

2018-11-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.30656 of 2018 M/s.RPN Engineers Chennai Private Ltd., Represented by its Managing Director Mr.P.K.Luqmmanbasha 60, M.Block, 9th Street, Anna Nagar East, Chennai-102.

..Petitioner Vs

1. The Assistant Commissioner (CT) Amaindakarai Circle F-50, Second Floor, First Avenue, Anna Nagar, Chennai-112.

2. The Deputy Commissioner (ST) Zone V, Greams Road, Chennai-6.

3. The Joint Commissioner (ST) Chennai (Central) Division Greams Road, Chennai-6.

4. The Special Commissioner and Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-5.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the claim of refund of TDS deducted from the petitioner for the assessment years 2007-2008, 2008-2009, 2011-2012 to 2015-2016 by the Department of Railway and remitted the same to the State Exchequer.

For Petitioner :

Mr.R.Kumar For Respondents :

Mr.M.Hariharan Additional Government Pleader

O R D E R

Mr.M.Hariharan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed seeking for issuance of a writ of mandamus, directing the respondents to consider the claim of refund of TDS deducted from the petitioner for the assessment years 2007-2008, 2008-2009, 2011-2012 to 2015-2016 by the Department of Railway and remit the same to the State Exchequer.

3. It is seen that this Court has already passed an order dated 19.04.2018 in WP.No.8696 of 2018, directing the first respondent therein to consider the refund claim made by the petitioner and pass appropriate orders on merits and in accordance with law.

4. The grievance of the petitioner before this Court is that no such order has been passed so far. Accordingly, this writ petition is disposed of, only with a direction to the first respondent to consider the refund claim of the petitioner and pass orders on the same on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To

1. The Assistant Commissioner (CT) Amaindakarai Circle, F-50, Second Floor, First Avenue, Anna Nagar, Chennai-112.

2. The Deputy Commissioner (ST) Zone V, Greams Road, Chennai-6.

3. The Joint Commissioner (ST) Chennai (Central) Division Greams Road, Chennai-6.

4. The Special Commissioner and Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-5.

+1cc to the Special Government Pleader(T), S.R.No.80124 +1cc to Mr.R.Kumar, Advocate in sr.no.79418 (28/11/2018) W.P.No.30656 of 2018 CS/27/11/2018