Kerala High Court
M/S Schindler India Pvt. Ltd vs State Of Kerala on 21 March, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940
WP(C).No. 37442 of 2018
PETITIONER:
M/S SCHINDLER INDIA PVT. LTD.,
32/1937D, GROUND FLOOR,
SURABHI BYLAN, NR. ANCHUMANA TEMPLE,
EDAPPALLY POST, ERNAKULAM, COCHIN - 682 024,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER - FIELD
OPERATIONS MR. SYED ABUTHAHIR.
BY ADV. SMT.K.LATHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO THE
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695 002.
2 THE ASSISTANT COMMISSIONER (WORKS CONTRACT),
SGST DEPARTMENT COMMERCIAL TAXES,
ERNAKULAM - 682 017.
3 THE DEPUTY COMMISSIONER,
SGST DEPARTMENT, COMMERCIAL TAXES,
ERNAKULAM - 682 017.
4 THE COMMISSIONER OF STATE TAXES,
TAX TOWER, KILIPALAM, KARAMANA P.O,
THIRUVANANTHAPURAM - 695 002.
ADV. MM JASMINE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No37442/2018 2
JUDGMENT
The petitioner's application for refund vide Ext.P2 is pending before the 2nd respondent.
There shall be a direction to the 2 nd respondent to take a decision on Ext.P2 within a period of one month after notice to authorized representatives of the petitioner.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE YKB WP(C)No37442/2018 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LETTER ISSUED BY STATE BANK OF INDIA TO THE PETITIONER STATING THAT DIFFERENT E CHEQUES NO CKA7767260/25- 10-2016 AND NO. CKA7902093/26-10-2016 WERE SUCCESSFUL PAYMENTS EXHIBIT P1 A THE TRUE COPY OF THE FORM 10B QUARTERLY RETURN OF 2ND QUARTER 1ST JULY 2016 TO 30TH SEPTEMBER 2016 OF THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE VARIOUS REQUEST LETTERS DATED 14TH FEBRUARY 2018 AND 12-07- 2018 BOTH FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT TO REFUND THE EXCESS PAID AMOUNT OF RS. 44,90,926/- WHICH WERE WRONGLY PAID TWICE DURING THE MONTH OF SEPTEMBER 2016 RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// PA TO JUDGE YKB