Wp(C)/3125/2012 Of Supra Coffee Private Limited v. Agricultural, Income Tax & Sales Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933 WP(C).No. 3125 of 2012 (M) -------------------------- PETITIONER:----------- SUPRA COFFEE PRIVATE LIMITED, THARUVANA, MANANTHAVADI, WAYANAD PIN-670 732 REPRESENTED BY ITS MANAGING DIRECTOR RAJENDRA PRASAD. BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: ------------ 1. AGRICULTURAL, INCOME TAX & SALES TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, MANANTHAVADY-670 645. 2. STATE OF KERALA, REPRESENTED BY SECRETARY (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SR. GOVERNMENT PLEADER, SMT. SOBHANA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON21-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1- COPY OF THE ASSESSMENT ORDER NO.34121057/2003-04 DATED 4.3.2005 ISSUED BY THE I RESPONDENT. EXHIBIT P2- COPY OF THE LETTER DATED 20.6.2005 FILED BY THE PETITIONER BEFORE THE I RESPONDENT.EXHIBIT P3- COPY OF THE PLEDGE LETTER NUMBER 15/02-03 ISSUED BY THE I RESPONDENT.EXHIBIT P4- COPY OF THE REQUEST DATED 8.11.2006 FILED BY THE PETITIONER BEFORE THE I RESPONDENT.EXHIBIT P5- COPY OF THE ORDER NO.34121057/04-05 DATED 24.1.2007 ISSUED BY THE I RESPONDENT TO THE PETITIONER.EXHIBIT P6- COPY OF THE REQUEST DATED 20.12.2010 FILED BY THE PETITIONER BEFORE THE I RESPONDENT.EXHIBIT P7- COPY OF THE REQUEST DATED 27.4.2011 FILED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. // TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC,J ------------------------------------------ W.P.(C)No.3125 of 2012 ------------------------------------- Dated this the 21[st ] day of February, 2012 JUDGMENT The prayer in the writ petition is to direct the first respondent to refund the excess amount collected by way of taxand also the amount deposited towards the security. On thebasis of the instructions obtained, the learned GovernmentPleader submits that refund voucher has already been issued on17.02.2012 by registered post. In view of the submission made, petitioner can have nofurther grievance and therefore, recording the submission of thelearned Government Pleader, this writ petition is closed. ANTONY DOMINIC, JUDGE ln