Wp/14112/2019 Of Karnataka Leasing And Commercial v. Income Tax Officer

IN THR HIGH COURT OF KARNATAKA AT BBNGALURU| DATED THIS THE 11 DAY OF FEBRUARY, 2020 BEFORE THR HON’BLE MR. JUSTICE KRISHNA S.DIXIT. .WRIT PETITION NO.14112 OF 2019 (TIT) BETWEEN: Karnataka Leasing and CommercialCorporation Limited,A company registered underCompanies Act, 1956)And having its registered officeat Triumph Tower, No.48,Church Street, Bengaluru-560 OO1. _.. Petitioner (By Sri. Sridhar. G, Advocate) AND: Ll.Income Tax Officer. Ward 4(1) (2) Room No.219, 2[nd]FILoOor Income Tax Department Above Koramangala BMTC Depot80 Feet Road, Koramangala|0[ 1]Block, Bengaluru — 560 O95. |80 Feet Road, Koramangala|0[ 1]Block, Bengaluru — 560 O95. | iaTax Recovery Officer - 4/[ 1]Floor, BMTC Building80 Feet Road, Koramangala|0[ 1]Block, Bengaluru — 560 O95. |/[ 1]Floor, BMTC Building80 Feet Road, Koramangala|0[ 1]Block, Bengaluru — 560 O95. | ... Respondents (By Sri. E.I. Sanmathi, Advocate) This Writ Petition is filed under Article 226 of theConstitution of India praying to issue a direction, order or writ in|the nature mandamus against the respondents to refund an|amount of Rs.Inr 2,00,35,6072/- (Rupees Two Crores Thirty FiveThousand Six Hundred and Seventy Two Only) for the assessment|years 1995-1996 to 2005-2006 to the petitioner after setting off an|amount§oT Rs.12,89,711/-againsttherefund|dueot Rs.1,87,45,961/- (Rupees One Crore Eighty Seven Lakhs Forty|Thousand Nine Hundred and Sixty One Only) and etc. This Writ Petition coming on for Preliminary Hearing in ‘B’Group, this day, the Court made the following: ORDER The petitioner/assessee has presented this writ petitionwith the following principal prayer; “A. Issue a direction, order or writ in the naturemandamus against the Respondents to refund anamount of Rs.INR 2,00,35,672/- (Rupees Two Crores|Thirty Five Thousand Six Hundred and Seventy Two.Only) for the Assessment Years 1995-1996 to 2005,2006 to the Petitioner after setting off an amount of|Rs.12,89,711/-|againstthe.refunddue|ofRs.1,87,45,961/- (Rupees One Crore Eighty Seven|Lakhs Forty Five Thousand Nine Hundred and Sixty|One Only)” oD After service of notice, the respondents having entered appearance through their Senior Panel Counselsubmit that if a reasonable period is prescribed by this Courtand if the petitioner also cooperates, there would be no muchdifficulty in considering the request of the petitioner forrefund, in accordance with law. The stand of the Revenue isfair & reasonable. In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues to the respondents toconsider the request of the petitioner for refund of the subjectamounts of money in accordance with law and to inform himthe result of such consideration within a period of eightweeks. It is open to the respondents to solicit any documents orinformation from the petitioner as it may be necessary for|such consideration, subject to the rider that in the guise of|such solicitation, delay shall not be brooked. All contentions of the parties are kept open. The petitioner is put to notice through his counsel toappear before the respondent No.2 on 28.03.2020. HA/-| Sd/- JUDGE