Kerala High Court
South Travancore Distilleries And ... vs State Of Kerala on 1 October, 1998
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934
WP(C).No. 20975 of 2008 (V)
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PETITIONER(S):
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SOUTH TRAVANCORE DISTILLERIES AND ALLIED
PRODUCTS, MARUTHOOR, NEYYATTINKARA,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
WORKS MANAGER SRI.GIRISH GOPAL
BY ADV. SRI.A.KUMAR
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, TAXES (B) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM
2. THE ASST.COMMISSIONER (ASSMT.), SPECIAL
CIRCLE, THIRUVANANTHAPURAM.
3. KERALA STATE BEVERAGES (MANUGACTURING
AND MARKETING) CORPORATION LIMITED,
SASTHA GROUP OFFICE COMPLEX, SASTHAMANGALAM,
THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY.
R1 & R2 BY SR GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN
R3 BY ADV. SRI.ELVIN PETER.P.J, SC,BEVERAGES CORPORATION
SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-04-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C)NO.20975/2008
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE LETTERS EVIDENCING REMITTANCE OF INSTALLMENTS OF TAX
DATED 01/10/1998
P1(A) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENTS OF TAX
DATED 2/11/98.
P1(B) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENT OF TAX
DATED 1/12/98
P1(C) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENT OF TAX
DATED 1/1/1999.
P1(D) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENT OF TAX
DATED 01/2/99.
P1(E) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENTS OF TAX
DATED 01/3/99
P1(F) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENT OF TAX
DATED 01/4/99
P1(G) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENTS OF TAX
DATED 01/5/99
P1(H) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENT OF TAX
DATED 01/6/99.
P1(I) COPY OF THE LETTER EVIDENCING REMITTANCE OF INSTALLMENTS OF TAX
DATED 01/7/99
P2 COPY OF THE REPRESENTATION DATED 16/5/2006
P2(A) COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED 2/1/07
P2(B) COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED 29/5/07
P2(C) COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED 17/9/07.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
ANTONY DOMINIC, J.
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W.P.(C) NO.20975 OF 2008(N)
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Dated this the 9th day of April, 2012
J U D G M E N T
Prayer sought in the writ petition reads as under.
"Writ in the nature of mandamus or other appropriate writ, order or direction commanding the respondents 1 and 2 to refund the sum of Rs.31.08 lakhs remitted by the petitioner by way of turnover tax on the excise duty component from 1.10.1998 to 1.7.1999 with interest at the rate of 24% per annum from the respective dates of remittance at Rs.1,01,01,000/- being the amounts payable till 1.7.2008 and further interest till the date of payment at the same rates."
2. It is seen that seeking refund or adjustment as sought for, petitioner has filed Ext.P2 series of representations which according to the counsel are pending before the 2nd respondent. Therefore, without expressing anything on the merits I direct the 2nd respondent to consider the representations provided the representations are pending. Such orders shall be passed at any rate within 3 months of production of a copy of the judgment along with a copy of the writ petition.
Writ petition is disposed of as above.
(ANTONY DOMINIC) JUDGE vi/ WPC.No. 20975/2008 :2 :