SRI P SHIVASHANKAR vs. COMMISSIONER OF INCOME TAX

WP.No.13742 OF 2012 -1- IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10TH DAY OF AUGUST 2012 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION No.13742 OF 2012 (T-IT)

BETWEEN: SRI P.SHIVASHANKAR S/O R.PUTTANNA AGE: 76 YEARS PROP K. RAMANNA SONS & CO. 29, APMC YARD MYSORE-4 … PETITIONER (BY SRI VIVEK, ADVOCATE FOR SRI A.SHANKAR & M.LAVA, ADVOCATES) AND: 1. COMMISSIONER OF INCOME TAX 55/1, SHILPSHREE VIDYARANYA COMPLEX VISHVESHWARA NAGAR MYSORE-570 008. 2. INCOME TAX OFFICER WARD-1(3), 55/1, SHILPSHREE VIDYARANYA COMPLEX VISHVESHWARA NAGAR MYSORE – 570 008

… RESPONDENTS (BY SRI M.V.SESHACHALA, STANDING COUNSEL FOR R1 & R2) WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE RESPONDENT TO THE EXTENT IT IS HELD AGAINST THE PETITIONER DATED 24.2.2012 VIDE ANNEXURE-A AND ETC.

- 2 - WP.No.13742 OF 2012 WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R H.G.RAMESH, J. (Oral): Heard Sri. Vivek, learned Counsel appearing for the petitioner and Sri. M.V.Seshachala, learned Standing Counsel for the respondents. 2. This writ petition is directed against the order dated 24.02.2012 (Annexure-A) rejecting the claim made by the petitioner for grant of interest on the refund received by him. The rejection is based on instruction No.13/2006 dated 22.12.2006. 3. In my opinion, respondent No.1 should have examined the claim for interest on the refund in the light of Section 244A of the Income Tax Act, 1961 (‘the Act’ for short). That exercise has not been done by respondent No.1. Therefore, the impugned order dated 24.02.2012 is set-aside. The

- 3 - WP.No.13742 OF 2012 matter is remitted to respondent No.1 for reconsideration in accordance with law and in the light of Section 244A of the Act. Petition disposed of. Sd/- JUDGE GH