M PAPANNA vs. THE REGISTRAR GENERAL

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 14TH DAY OF JUNE, 2012 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.12372/2012 & W.P.No.12830-31 /2012 (T-IT ) BETWEEN: Sri M.Papanna, Aged about 59 years, S/o late Munishamappa Senior Judgment Writer, High Court of Karnataka, Bangalore. … PETITIONER (By Sri H.C.Shivaramu, Adv.) AND: 1. The Registrar General, High Court of Karnataka, Bangalore. 2. The Income-Tax Officer, Ward-13 (4), HMT Bhavan, Gangenahalli, Bellary Road, Bangalore. … RESPONDENTS (By Sri T.K.Vedamurthy, HCGP for R1, Sri M.V.Seshachala, Adv. for R2) This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondent No.2 to refund excess tax deducted at source on the basis of the voucher details with interest and etc.

2 This petition coming on for preliminary hearing-B group this day, the Court made the following: ORDER 1. Heard the learned Counsel for the parties. 2. Learned Counsel for the petitioner Mr. Shivaram submits that in so far as the relief sought regarding refund of tax deducted in excess at source for the assessment year 2009-10 and 2010-11 is concerned, the same has been refunded by respondent No.2 and therefore the grievance made in this regard does not survive for consideration. 3. He further points out that as regards the excess amount of tax collected for the assessment year 2008-09, it has been informed by respondent No.2 that steps have been initiated to refund the amount and therefore this writ petition may be disposed of recording the steps initiated in this regard with a direction to respondent No.2 to expeditiously refund the excess tax collected for the year 2008-09. These submissions are not refunded by the respondent who are represented by Sri Sheshachala and the Government Pleader. 4. In the light of the above submission, this writ petition is disposed of with a direction to respondent No.2 to take

3 immediate steps to refund the excess amount, if any, collected towards tax for the assessment year 2008-09. Learned Government Pleader is permitted to file his memo of appearance within 3 weeks. Sd/- JUDGE KK