Wp/36220/2015 Of The Nizam Sugars Limited, (Government Company) v. The Assistant Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE RAMESH RANGANATHANAndTHE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHYWRIT PETITION No.36220 of 2015 ORDER:(per Hon’ble Sri Justice Ramesh Ranganathan) The petitioner has invoked the jurisdiction of this Court questioningthe inaction of the respondents, in not granting refund of a sum ofRs.5,63,62,106/- as determined by the second respondent in hisproceedings dated 15.04.2013. By order dated 15.04.2013, the second respondent determined asum of Rs.5,63,62,106/- as refundable to the petitioner; and that the saidrefund would be issued on verification of tax credits. Sri B.Narasimha Sarma, learned Special Standing Counsel for theIncome Tax Department, would submit that the records are in the processof being verified; and a part of the aforesaid amount has already beenrefunded to the petitioner. Instead of keeping the Writ Petition pending on the file of this Court,ends of justice would be met if the second respondent is directed to verify the tax credits, and refund the amount due in terms of the order dated15.04.2013 at the earliest, in any event not later than two months from thedate of receipt of a copy of this order. The Writ Petition stands disposed of accordingly. MiscellaneousPetitions pending, if any, shall also stand disposed of. There shall be noorder as to costs. ______________________________ RAMESH RANGANATHAN, J 25[th] January, 2016.Tsy __________________________________ M.SATYANARAYANA MURTHY, J