Writ Petition No. 691 of 2012 · Madras High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 25.01.2012CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.691 of 2012 Tvl. Rathi Yarn CorporationRepresented by its Sole ProprietorN.Thulasi Ram,1-B, Lakshmi Nagar 3rd Street, Tirupur-2 .. PetitionerVersusThe Commercial Tax Officer,(re-designated as Assistant Commissioner (CT),Lakshmi Nagar Assessment Circle,C.T.Building, Tirupur.. RespondentPrayer: Petition filed seeking for a writ of Mandamus directing the respondent herein to refund the tax Rs.1,56,942/- along with interest therefor at 1% pursuant to Section 39-A and 24(4) ofTNGST Act, 1959 and Rule 32(2) of TNGST Rules, 1959.For Petitioner : Mr.R. SenniappanFor Respondent : Mr.S.Kanmani Annamalai Government Advocate (Taxes)

O R D E RThis Writ Petition has been filed praying that this Courtmay be pleased to issue a Writ of Mandamus, directing the respondent to refund the excess amount of Rs.1,56,942/- paid as tax, along with interest at 1%, as per Sections 39-A and 24(4)of Tamil Nadu General Sales Tax Act, 1959 and Rule 32(2) of Tamil Nadu General Sales Tax Rules, 1959.

It has been stated that the petitioner is a registered dealer and an assessee on the books of the respondent. Theassessment relating to the petitioner, for the year 1995-1996,under the Tamil Nadu General Sales Tax Act, 1959, was completed by the respondent, by passing orders in TNGST 2500521/95-96, https://hcservices.ecourts.gov.in/hcservices/ dated 25.05.1995, determining the total and taxable turnovers atRs.1,91,98,825/- and Rs.66,48,282/-, respectively. The fixation of the taxable turnover of Rs.66,48,282/- has been based on the recovery of the delivery challans, made from the business premises of the petitioner, during the course of the inspection made by the Enforcement Wing of the Commercial Taxes Department, on 16.09.1995. As a result of this assessment to the best judgement, there arose a demand of tax of Rs.1,99,448/-, and additional sales tax of Rs.56,483/-, apart from the penalty ofRs.3,83,896/-, under Section 16(2) of Tamil Nadu General SalesTax Act, 1959.

Aggrieved by the said proceedings, the petitioner had preferred an appeal, under Section 31 of the Tamil Nadu GeneralSales Tax Act, 1959, before the first appellate authority, namely, the Appellate Assistant Commissioner (CT), Pollachi, who had partly allowed the appeal filed by the petitioner, redetermining the taxable turnover at Rs.26,94,281/-, with the direction to levy penalty at the appropriate rate. Aggrieved by the said order, the petitioner had filed a Second Appeal before the Tamil Nadu Sales Tax Appellate Tribunal (AB), Coimbatore, under Section 36 of the Tamil Nadu General Sales Tax Act, 1959.Meanwhile, the Deputy Commissioner (CT), Coimbatore, had also filed a State Appeal before the said authority, praying to setaside the relief granted by the first appellate authority and to restore the addition made by the assessing officer. The TamilNadu Sales Tax Appellate Tribunal (AB), Coimbatore had came to the conclusion that reduction in the quantum of taxable turnover was necessitated and therefore, redetermined the taxable turnover at Rs.14,35,266/- , involving tax of Rs.43,058/-. Thus, the Sales Tax Appellate Tribunal (AB), Coimbatore, partly had granted the relief to the petitioner and had dismissed the appeal filed by the Deputy Commissioner (CT), in CTA 193/99 andCTSA 190/99, dated 12.09.2005. Thereafter, the respondent had passed an order, dated 11.03.2008, determining the taxable turnover, at Rs.14,35,266/- and declaring excess payment ofRs.1,56,942/-. Pursuant to the said order passed by the respondent, the petitioner has filed the present Writ Petitionbefore this Court to direct the respondents to refund the said amount, along with the interest at 1%, as per the relevant provisions of law.

The learned counsel appearing on behalf of the respondent had submitted that the excess amount of tax, paid by the petitioner, is liable to be refunded to the petitioner, as per law, within the time limit stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/

In view of the above, the respondent is directed torefund the amount of Rs.1,56,942/-, to the petitioner, along with the interest, if any, payable as per the relevant provisions of law, within a period of eight weeks from the date of receipt of a copy of this order, if there are no legal impediments to do so. This Writ Petition is ordered accordingly. No costs. Consequently, Connected Miscellaneous Petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar.arrToThe Commercial Tax Officer,(re-designated as Assistant Commissioner (CT),Lakshmi Nagar Assessment Circle,C.T.Building, Tirupur1 cc to Mr.R. Senniappan, Advocate, Sr. 49101 cc to Spl. Government Pleader (T) SR. 4883Writ Petition No.691 of 2012VSV (CO)kk 20/2