Wp/21524/2005 Of Mahalaxmi Motors Limited A-4/2, Chandralok v. Dy. Commissioner Of Income Tax Circle 2(1)

THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 21524 of 2005 Dated 14.11.2005 M/s.Mahalakshmi Motors Limited. AND ..... petitioner Dy. Commissioner of Income Tax,Circle 2(1) Ayakar Bhavan,Basheerbagh, Hyderabad and others .....RESPONDENT(S) THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 21524 of 2005 ORAL ORDER:(Per Sri S.Ananda Reddy,j) The writ petition is filed seeking a direction to the respondents to issue a refundorder for Rs.22,03,364/- together with interest payable under Section 244-A of theIncome-Tax Act for the assessment year 1994-95. In response to the notice issued by this Court, a counter affidavit is filed on behalf ofthe department stating that for the amount refundable for the concerned assessmentyear, a refund order was issued in favour of the assessee as per the refund orderdated 13.7.1995 by enclosing a cheque bearing No.A006520/B652000 in favour ofthe assessee. However, since the claim of the assessee is that he did not receivethe same nor the said cheque was encashed, it is stated that a letter was addressedto the Reserve Bank of India on 21.10.2005 enquiring as to whether the said chequewas encashed or otherwise. It is however stated that as soon as the reply is receivedfrom the Reserve Bank of India, the respondent department will take appropriateaction as to the refund or otherwise. In view of the above statement made in the counter by the respondent authorities,the writ petition is disposed of directing the department to pass appropriate orderswithin a period of four weeks from today. The writ petition is accordingly disposed of. No costs. (B.SUDERSHAN REDDY,J) Dated 14..11..2005 (S.ANANDA REDDY,J)