Gujarat High Court
Deepak vs State on 15 June, 2011
Author: Harsha Devani
Bench: Harsha Devani
Gujarat High Court Case Information System
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C/SCA/4047/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No 4047 of 2011
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DEEPAK
NITRITE LTD....Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH COMMISSIOER & 1....Respondent(s)
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Appearance:
MR
SIRAJ R GORI as ADVOCATE for the Petitioner(s) No. 1
MS
MAITHILI MEHTA, AGP for the RESPONDENT(s) No. 1
DS
AFF.NOT FILED (N) for the RESPONDENT(s) No. 2
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CORAM:
HONOURABLE
MS.JUSTICE H.N.DEVANI
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 15/06/2011
ORAL
ORDER
(PER : HONOURABLE MS.JUSTICE H.N.DEVANI) (1) Vide affidavit dated 10.06.2011 the respondent No.2 has stated that amount of refund and interest for Assessment Years 1997-1998, 1998-1999, 2002-2003 and 2004-2005 and total amount of Rs.79,67,466/- has been paid to the petitioner which has been received and acknowledged vide letter dated 6th June, 2011. Mr.Siraj Gori, learned advocate for the petitioner, states that the interest has been paid only from the date of the order passed by this Court in Tax Appeal No.1110 of 2009 and not from the date on which the payment was actually made pursuant to the assessment orders. It is further submitted that in relation to the petitioner's claim that interest was payable from the date when the actual payment was made to the petitioner, the petitioner has made a representation to the respondents herein.
(2) In the light of the affidavit filed by the respondent No.2, learned advocate for the petitioner seeks permission to withdraw the petition with a liberty to pursue appropriate remedy in relation to the grievance that interest should have been granted from the date of actual payment pursuant to the assessment orders and not from the date of the order passed by this Court.
(3) Permission as prayed for is granted. It is expected that in case the petitioner has made a representation as stated hereinabove, the respondents shall decide the same as expeditiously as possible, preferably within a period of 02 (two) months from the date of receipt of a copy of this order.
(4) Subject to the aforesaid, the petition is disposed of as withdrawn. Notice is discharged with no order as to costs.
Sd/-
(H.N.DEVANI, J.) Sd/-
(R.M.CHHAYA, J.) Bhavesh* Page 3 of 2 Top