Op/22855/1998 Of Yerala State Financial Enterprises v. Dy.commr. Of Income Tax (Assmt)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY, THE 4TH DAY OF NOVEMBER 2014/13TH KARTHIKA, 1936 OP.No. 22855 of 1998 (U) ------------------------- PETITIONER: ------------------ KERALA STATE FINANCIAL ENTERPRISES LTD.'BHADRATHA', MUSEUM ROAD,THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR,MR. M.K. KARTHIKEYAN. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENTS:----------------------- BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04-11-2014,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG OP No.22855/1998 APPENDIX PETITIONERS' EXHIBITS EXT.P1 -TRUE COPY OF THE INTIMATION UNDER SECTION 143 (1) (a) ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 28-03-1996. EXT.P2 -TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR 1994-95 TO THE PETITIONER DATED 20-11-1996.RESPONDENT FOR 1994-95 TO THE PETITIONER DATED 20-11-1996. EXT.P3 -TRUE COPY OF THE PETITIONER'S APPLICATION UNDER SECTION 154OF THE IT ACT DATED 19-12-1996 TO THE 1ST RESPONDENT.OF THE IT ACT DATED 19-12-1996 TO THE 1ST RESPONDENT. EXT.P4 -TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT TO THE PETITIONER DATED 12-06-1997.PETITIONER DATED 12-06-1997. EXT.P5 -TRUE COPY OF THE PETITION FILED BEFORE THE COMMISSIONER OF INCOME TAX DATED 12-08-1997.OF INCOME TAX DATED 12-08-1997. EXT.P6 -TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT TO THE PETITIONER DATED 10-02-1998.PETITIONER DATED 10-02-1998. RESPONDENTS' EXHIBITS NIL True copy P.A. To Judge C.K. ABDUL REHIM, J. ------------------------------------------------- O.P. No. 22855 OF 1998-U ------------------------------------------------- DATED THIS THE 4[th] DAY OF NOVEMBER, 2014. J U D G M E N T Challenge in this writ petition is against Ext.P6 orderwherein the claim of the petitioner for payment of intereston the amount of refund with respect to the assessmentyear 1994-95 was rejected, stating that the petitioner is notentitled for interest for the period from the due date offiling of the return till the actual date of filing of the return.It is stated that under Section 244A (2) of Income Tax Actthe period can be excluded from payment of interest sincethe reason for delay in refund is attributable to theassessee. 2.Learned counsel for the petitioner had placed a judgment rendered by this court in OP No. 16883/1997,dated 22-07-2005. It is evident that with respect to the verysame issue relating to the assessment year 1992-1993, thiscourt had ordered a remand for fresh consideration withnotice to the petitioner and to pass a speaking order on the basis of the finding that before taking such decision noopportunity of personal hearing was given to the petitioner. 3.Considering the fact that an identical order wasset aside and remanded for fresh consideration with respectto previous year, this court is inclined to follow the verysame course in the present case also. 4.Therefore the writ petition is allowed and Ext.P6is hereby quashed. The 2[nd] respondent is directed to re-consider Ext.P5 with opportunity afforded to the petitionerand to take a fresh decision with respect to the claim forpayment of interest on refund, through an appropriatespeaking order. 5.Needful steps in this regard shall be taken at theearliest possible, at any rate within a period of 3 monthsfrom the date of production of a copy of this judgment. AMG Sd/-C.K. ABDUL REHIM JUDGE True copy P.A. to Judge