W.P.No.24850 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.09.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.24850 of 2022
M/s.Schwing Stetter (India) Pvt. Ltd.,
(Represented by the Senior Manager Taxation,
Mr.N.Rajamanickam),
F-71 & F-72, SIPCOT Industrial Park,
Irungattukottai, Sriperumbudur Taluk,
Kancheepuram District – 602 117. ... Petitioner
Vs
The Assistant Commissioner (ST),
Sriperumbudur Assessment Circle,
Varadarapuram,
Poonamalee Bangalore Trunk Road,
Chennai. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the Respondent herein to dispose
the Application of the Petitioners, dated 01.06.2022 as reiterated on 14.07.2022,
which reiterate the pending refund claims of the Petitioners, and adjudicate the
same, for the period between 11.11.2013 to 31.03.2015, in terms of the
Judgment of the Division Bench of this Hon'ble Court in WA.No.1260 of 2017
and other cases dated 31.03.2022.
For Petitioner : Mr.K.A.Parthasarathy
For Respondents : Mr.V.Prashanth Kiran
https://www.mhc.tn.gov.in/judis
Government Advocate
W.P.No.24850 of 2022
ORDER
Mr.Prashanth Kiran, learned Government Advocate accepts notice for the respondent and makes his submissions on the merits of the plea raised by the petitioner, which is for a mandamus simplicitor directing the sole respondent to dispose the refund application of the petitioner dated 01.06.2022, reiterated on 14.07.2022 on the basis of the decision of the Division Bench of this Court in W.A.No.1260 of 2017 and batch dated 31.03.2022.
2. Mr.Prashanth would submit that the time for filing of appeal as against the decision of the Division Bench is yet to expire and the State contemplates challenge of the same.
3. Thus, a time frame of sixteen (16) weeks from date of receipt of a copy of this order is fixed, within which time, the petitioner shall be heard and orders passed on the refund application, in accordance with law and in light of the decision prevailing at the time of disposal of the refund application.
4. This Writ Petition is disposed as above. No costs.
15.09.2022 Sl Index : Yes / No Speaking Order / Non Speaking Order To The Assistant Commissioner (ST), Sriperumbudur Assessment Circle, Varadarapuram, Poonamalee Bangalore Trunk Road, Chennai.
https://www.mhc.tn.gov.in/judis W.P.No.24850 of 2022 DR.ANITA SUMANTH, J.
Sl W.P.No.24850 of 2022 15.09.2022 https://www.mhc.tn.gov.in/judis