High Court Kerala High Court

S C Johnson Products Pvt Ltd vs Commercial Tax Officer on 18 February, 2010

Kerala High Court
S C Johnson Products Pvt Ltd vs Commercial Tax Officer on 18 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4412 of 2010(B)


1. S C JOHNSON PRODUCTS PVT LTD.,
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX OFFICER, KVAT CIRCLE-I
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS),

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.VIVEK VARGHESE P.J.

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :18/02/2010

 O R D E R
               P.R RAMACHANDRA MENON, J.
                      -------------------------
                   W.P (C) No.4412 of 2010
                      --------------------------
             Dated this the 18th February, 2010

                        J U D G M E N T

In compliance with Ext.P16 judgment in W.P(C)

No.25802 of 2009, the 2nd respondent passed orders

dated 19/10/2009 in appeal Nos.1700/07, 1701/07 and

673/08 directing the 1st respondent to modify the

assessment by complying with the directions as given in

Ext.P10 judgment passed by this Court. The case of the

petitioner is that, even though they have approached the

1st respondent by filing Ext.P18 dated 20.11.2009, the

said respondent has not considered or passed any final

orders on Ext.P18 for refund of the excess tax and to

release the Bank Guarantees furnished by the petitioner,

as borne by Exts.P7 and P9.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the

1st respondent is directed to consider and pass

appropriate orders on Ext.P18, in accordance with law

with regard to the refund claim as well as the release for

the Bank Guarantees, as expeditiously as possible, at any

W.P (C) No.4412 of 2010
2

rate, within a period of one month from the date of receipt

of a copy of this judgment.

The Writ Petition is disposed of, as above.

P.R RAMACHANDRA MENON
JUDGE
ma

W.P (C) No.4412 of 2010
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