High Court Kerala High Court

M/S. Navin Oil Industries vs The Assistant Commissioner … on 21 November, 2008

Kerala High Court
M/S. Navin Oil Industries vs The Assistant Commissioner … on 21 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1787 of 2006(K)


1. M/S. NAVIN OIL INDUSTRIES,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER (ASSESSMENT)
                       ...       Respondent

                For Petitioner  :SRI.K.I.MAYANKUTTY MATHER

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :21/11/2008

 O R D E R
                       C.N.RAMACHANDRAN NAIR, J.
                  ....................................................................
                             W.P.(C) No.1787 of 2006
                  ....................................................................
                  Dated this the 21st day of November, 2008.

                                         JUDGMENT

Prayer in the W.P. is for refund of tax paid for the assessment years

1980-81 to 1986-87. The order under challenge is Ext.P9 wherein refund of

sales tax granted is Rs.3,02,430/- and CST is Rs.13,467/-. Petitioner’s case

is that refund due to him is Rs.8,49,316/-. I do not think it is possible for

this court to settle this dispute because detailed verification of records is

necessary. In the circumstances, W.P. is disposed of granting one month

time from date of receipt of copy of this judgment to the petitioner to file a

revision petition against Ext.P9 before the Deputy Commissioner and

produce the materials before him based on which petitioner claims refund

such as copies of demand notices and details of payments made. If a

revision is filed as stated, the Deputy Commissioner will call for the records

from the Assessing Officer, ask the Assessing Officer to verify the claim

with reference to records and if found payable, the Deputy Commissioner

will grant eligible refund to the petitioner. If claim is rejected for any

reason, he will give the reason why petitioner’s claim cannot be entertained.

W.P.(C) is disposed of as above.

C.N.RAMACHANDRAN NAIR
Judge
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