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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2020
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14112 OF 2019 (T-IT)
BETWEEN:
Karnataka Leasing and Commercial Corporation Limited, A company registered under Companies Act, 1956 And having its registered office at Triumph Tower, No.48, Church Street, Bengaluru-560 001.
... Petitioner
(By Sri. Sridhar. G, Advocate)
AND:
Income Tax Officer
Ward 4(1) (2)
Room No.219, 2nd Floor
Income Tax Department
Above Koramangala BMTC Depot
80 Feet Road, Koramangala
6th Block, Bengaluru – 560 095.
Tax Recovery Officer - 4
5th Floor, BMTC Building
80 Feet Road, Koramangala
6th Block, Bengaluru – 560 095.
... Respondents
(By Sri. E.I. Sanmathi, Advocate)
This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a direction, order or writ in the nature mandamus against the respondents to refund an amount of Rs.Inr 2,00,35,672/- (Rupees Two Crores Thirty Five Thousand Six Hundred and Seventy Two Only) for the assessment years 1995-1996 to 2005-2006 to the petitioner after setting off an amount of Rs.12,89,711/- against the refund due of
2 Rs.1,87,45,961/- (Rupees One Crore Eighty Seven Lakhs Forty Thousand Nine Hundred and Sixty One Only) and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
ORDER
The petitioner/assessee has presented this writ petition with the following principal prayer;
“A. Issue a direction, order or writ in the nature mandamus against the Respondents to refund an amount of Rs.INR 2,00,35,672/- (Rupees Two Crores Thirty Five Thousand Six Hundred and Seventy Two Only) for the Assessment Years 1995-1996 to 2005- 2006 to the Petitioner after setting off an amount of Rs.12,89,711/- against the refund due of Rs.1,87,45,961/- (Rupees One Crore Eighty Seven Lakhs Forty Five Thousand Nine Hundred and Sixty One Only)”
After service of notice, the respondents having entered appearance through their Senior Panel Counsel submit that if a reasonable period is prescribed by this Court and if the petitioner also cooperates, there would be no much difficulty in considering the request of the petitioner for refund, in accordance with law. The stand of the Revenue is fair & reasonable.
3 In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues to the respondents to consider the request of the petitioner for refund of the subject amounts of money in accordance with law and to inform him the result of such consideration within a period of eight weeks. It is open to the respondents to solicit any documents or information from the petitioner as it may be necessary for such consideration, subject to the rider that in the guise of such solicitation, delay shall not be brooked. All contentions of the parties are kept open. The petitioner is put to notice through his counsel to appear before the respondent No.2 on 28.03.2020.
Sd/-
JUDGE
HA/-