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Madras High CourtWP(MD)/9380/2017disposed of

M/S. Jones Energy Tech v. The Assistant Commissioner/Ct

2017-05-24Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9380 of 2017 M/s.Jones Energy Tech, Represented by its partner R.Aravindan

...Petitioner

Vs.

The Assistant Commissioner/Ct (FAC) Tiruverambur Circle, Mannarpuram, Tiruchirapalli.

... Respondent PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, to direct the respondent to consider the representation of the petitioner, dated 04.02.2017 and 15.05.2017 and recover the remaining balance of arrear of tax from the input tax credit available with the respondent, without prejudice to and subject to outcome of the appeal and refund balance input tax credit to the petitioner within the time. For Petitioner : Mr.S.Satheesh Kumar For Respondents : Mr.R.Karthikeyan Additional Government Pleader.

O R D E R

The petitioner seeks for a Writ of Mandamus to issue a writ of mandamus, to direct the respondent to consider the representation of the petitioner, dated 04.02.2017 and 15.05.2017 and recover the remaining balance of arrear of tax from the input tax credit available with the respondent, without prejudice to and subject to outcome of the appeal and refund balance input tax credit to the petitioner within the time.

2. The learned Additional Government Pleader takes notice for the respondent. By consent, the writ petition itself is taken up for final disposal.

3. The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is directed to be disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

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4. In view of the limited scope of the prayer, without going into the merits of the matter, the respondent is directed to consider the representation of the petitioner, dated 04.02.2017 and 15.05.2017 on merits and in accordance with law after providing an opportunity of personal hearing to the petitioner as well as the other parties concerned, if any, and pass appropriate orders, within the period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

SD/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To The Assistant Commissioner/Ct (FAC) Tiruverambur Circle, Mannarpuram, Tiruchirapalli.

+1 CC TO MR.S.SATHEESH KUMAR, ADVOCATE,SR NO.57539 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.57749 skm/ar MAS/KP/SAR3:29.05.2017:2P-4C W.P.(MD)No.9380 of 2017 24.05.2017 https://hcservices.ecourts.gov.in/hcservices/