V.r.murthy v. The Commissioner Of Income Tax,Pondicherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 10.08.2021 CORAM: THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM WP Nos.22239 & 22240 of 2006andMP No.2 of 2006 V.R.Murthy... Petitioner in both WPs. Vs 1. The Commissioner of Income Tax,Pondicherry. 2. The Income Tax Officer,Pondicherry.... Respondents in both WPs. PRAYER in WP No.22239 of 2006: This Writ Petition is filed underArticle 226 of the Constitution of India, praying for issuanceof Writ of Certiorarified Mandamus, calling for the records ofthe first respondent above named in Ref.C.No.9127A(37)/CIT/PDY/2006-07 on his files in revision under section 264 ofthe Income Tax Act 1961 quash the order passed therein dated25.05.2006 in respect of the assessment year 2001-2002 andfurther direct that the capital loss of Rs.15,95,000/-determinedbe ordered to be carried forward u/s.72 of the Income Tax Act1961. PRAYER in WP No.22240 of 2006: This Writ Petition is filed underArticle 226 of the Constitution of India, praying for issuanceof Writ of Certiorarified Mandamus, calling for the records ofthe first respondent above named in Ref.C.No.9127A(38)/CIT/PDY/2006-07 on his files in revision under section 264 ofthe Income Tax Act 1961 quash the order passed therein dated29.05.2006 in respect of the assessment year 2003-2004 andfurther direct that the capital loss of Rs.15,95,000/- relatingto the assessment year 2001-02 to be set off against the capitalgains resulting in no payment of tax. For Petitioner: Mr.R.L.Ramani, Sr. Counselin both WPs.for Mr.K.J.Chandran.For Respondents: Mr.A.N.R.Jaya Prathapin both WPs.Jr. Standing Counsel for Income Tax. C O M M O N O R D E R The learned Senior Counsel appearing on behalf of the writpetitioner/assessee made a submission that the Commissioner ofIncome Tax passed orders on 25.05.2006 and 29.05.2006 for theAssessment Years 2001-02 and 2003-04, respectively and thedemand raised pursuant to the said orders under Section 156 ofthe Income Tax Act, is also responded and thereafter, thepetitioner submitted an application under 'VIVAD SE VISHWAS'Scheme and the amount demanded by the Revenue was paid by thepetitioner/assessee and the Cyber Receipts are also placedbefore this Court. 2. The learned Senior Counsel further contended that thepetitioner/assesseehaspaidexcesstaxandthepetitioner/assessee is entitled for refund. 3. In this regard, it is for the petitioner/assessee tosubmit necessary application and the respondents shall considerthe same and take a decision in accordance with law, if thepetitioner/assessee is otherwise eligible. 4. In view of the payment of tax already made by thepetitioner/assessee,no further adjudication needs to beentertained in respect of the grounds raised in these writpetitions. 5. Accordingly, the writ petitions stand disposed of. Nocosts. Consequently, the connected Miscellaneous Petition isclosed. Sd/- Assistant Registrar //True Copy// ars Sub Assistant Registrar To1.The Commissioner of Income tax, Pondicherry. 2.The Income Tax Officer, Pondicherry. +1cc to Mr.B.Raveendran, Advocate Sr No.39395+1cc to Mr.A.P.Srinivas, Advocate Sr No.39515 WP Nos.22239 & 22240 of 2006 https://hcservices.ecourts.gov.in/hcservices/