Wp/37463/2014 Of Askiri Naimuddin Hashmath v. The Chief Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12 DAY OF SEPTEMBER 2014| BEFORE. THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.37463/2014 (TIT) BETWEEN: ASKIRI NAIMUDDIN HASHMATHSON OF SRI MOHIDDIN HASKERLAGED ABOUT 65 YEARS.RESIDING AT NO.GC, ALSA GLENRIDGE_32, LANGFORD ROADBANGALORE —- 560 025... PETITIONER (BY SRI C.G.GOPALASWAMY, ADVOCATE) AND: THE CHIEF COMMISSIONER OF INCOME TAX.CENTRAL REVENUES BUILDINGINFANTRY ROAD|BANGALORE —- 560 OOL.. RESPONDENT| (BY SRI K.V.ARAVIND, ADVOCATE) THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE|CONSTITUTION OFINDIA|PRAYING|TO!DIRECTTHE|RESPONDENT TO PAY THE SUM OF RS.1,71,449/- ORDERED TO.BE REFUNDED FOR THE ASSESSMENT YEAR 2004-05 AND PAY|INTEREST THEREON IN ACCORDANCE WITH THE PROVISIONS OF|INCOME TAX ACT, 1961.| THIS WRIT PETITION COMING ON FOR’ PRELIMINARYHEARING IN ~B’ GROUP, THIS DAY, THE COURT MADE THE.FOLLOWING: ORDER H.G.RAMESH, J. (Oral): 1.It is stated by the learned counsel for the petitioner|that the petitioner is entitled for refund of Rs.1,71,449/-. He|submits that the petitioner has already applied for refund|and his application has been received by the Income Tax|Department on 09.01.2014, a copy of which is produced as Annexure-C. He submits that the petitioner would approachtne Income Tax Officer, ITO Ward 1(4), Bangalore, in|respect of his aforesaid claim and the Income Tax Officer|may be directed to examine the claim expeditiously. — 2.Learned counsel appearing for the respondent submits.that if the petitioner approaches the aforesaid Income Tax|Officer, ne would look into the claim and pass an_appropriate order in accordance with law witnin six weeks|from the date of receipt of a copy of this order. His)submission is placed on record. | 3.In view of the above, I make tne following order: The petitioner shall furnish a copy of the aforesaid|application to the Income Tax Officer wnhicn snail be treated by him as a claim for refund of the amount stated therein.TneIncome.TaxOfficerSnall|examinetneclaim.expeditiously and in any event within six weeks from thedate of receipt of a copy of this order. Tne petitioner snallalso give a copy of this order to the Income Tax Officer toenable him to examine the claim witnin the time stipulatedabove. The writ petition stands disposed of in the abovecerms. nkn.| Sda/- JUDGE.