Ramrao Manoharudyakar v. The Commissioner Of Income Tax-26 & Ors.…

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1526 OF 2014 Ramrao ManoharUdyakar … Petitioner v/s The Commissioner of Income Tax-26 & ors.… Respondents Mr.Desmond A. D'Souza, Advocate for the Petitioner. Mr.Arvind Pinto, Advocate for the respondents. CORAM: M.S. SANKLECHA & N.M.JAMDAR, JJ. DATED : 10 SEPTEMBER 2014 P.C.: This petition was originally filed seeking refund of Income Tax paid by the Petitioner on compensation/ex-gratia payment made to him as an employee of the Reserve Bank of India while opting for retirement under the “Optional Early Retirement” Scheme. During the pendency of the petition, the refund has been granted to the Petitioner. 2.Thereafter the Petitioner has amended the present petition and now seeks interest on the delayed payment of refund. The Petitioner states that other similarly situated have been paid interest on the delayed refund by the Respondent Revenue and he is being discriminated against. bsb 2 WP1526.14.doc Commissioner of Income Tax seeking interest on the delayed refund. It would be appropriate that the Petitioner files an application to the Commissioner of Income Tax-26, Mumbai, along with the evidence claimed to be in the Petitioner's possession evidencing payment of interest on the delayed refund made to the persons similarly situated. The Commissioner of Income Tax shall dispose of the application if filed by the Petitioner within four weeks of the Petitioner filing an application. 4.In view of the above, we see no reason to keep the petition pending. 5.Accordingly, the writ petition is disposed of with the above directions. (N.M.JAMDAR, J.) (M.S. SANKLECHA, J.)