Sabir Dass v. The Assistant Commissioner Income Tax (Tds) And Ors

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 1045 of 2017 Date of Decision: 05.07.2017 Sabir Dass …..Petitioner. Versus The Assistant Commissioner Income Tax (TDS) and Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?[1] Sanjay Karol, ACJ.(oral) Despite opportunity, no response has been filed on behalf of the respondents. At this stage, learned counsel representing the petitioner invites our attention to the order dated 3.12.2014 (Annexure P-3), passed by this Court in identical matters, wherein a direction was issued to the Income Tax Department, to refund the amount deducted by it at source from compensation paid to the petitioners in lieu of acquisition of their land by the SJVNL. 2. Mr. Vinay Kuthiala, Senior Advocate, did not dispute the aforesaid submission having been made by the learned counsel for the petitioner and accordingly, this Court deems it fit to dispose of the present petition with direction to respondents 1 Whether reporters of the local papers may be allowed to see the judgment? No. 1 and 2 to refund a sum of Rs. 19,636/- deducted as TDS at source from compensation paid in RFA No. 272 of 2001 titled as “SJVNL and Ors. v. Sabir Dass and Ors.”, qua acquisition of land belonging to the petitioner. Needless to say, this Court hopes and trusts that needful shall be positively done by the authority concerned within a period of four weeks from today. 3. Petition stands disposed of, so also pending applications, if any. ( Sanjay Karol), Acting Chief Justice 5[th] July, 2017Manjit/Shankar ( Sandeep Sharma ), Judge.