Wp/21589/2005 Of M/S. Mahalaxmi Motors Limited v. Dy. Commissioner Of Income Tax

THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 21589 of 2005 Dated 14.11.2005 M/s.Mahalaxmi Motors Limited AND ..... PETITIONER Dy. Commissioner of Income Tax, Circle 2(1) Ayakar Bhavan,Basheerbagh, Hyderabad and others .....RESPONDENT(S) THE HON'BLE SRI JUSTICE B. SUDERSHAN REDDY and THE HON'BLE SRI JUSTICE S.ANANDA REDDY WRIT PETITION NO : 21589 of 2005 ORAL ORDER: (per Sri S.Ananda Reddy,J) This writ petition is filed seeking writ of Mandamus directing the respondents torefund a sum of Rs.35,36,692/- for the assessment year 1995-96 together withinterest payable under Section 244-A of the Income Tax Act. In response to the notice issued by this Court, Sri SR Ashok, the learned seniorcounsel appeared for the department and filed a counter stating that a refund orderhas already been passed and the said amount was stated to have been adjustedagainst the dues from the petitioner and therefore no further orders are necessary.However, the learned counsel appearing for the petitioner stated that no notice assuch in regard to the refund or adjustment was issued to the petitioner and thereforeit may be left open to the petitioner, if there is any variation as to the refund or as tothe adjustment, to make an appropriate representation to the concerned authority. Leaving open the issue as requested by the counsel for the petitioner, the writpetition is disposed of recording the statement made in the counter affidavit as to thefact of refund ordered by the department for the assessment year 1995-96. (B.SUDERSHAN REDDY,J) Dated 14..11..2005 (S.ANANDA REDDY,J)