TMI Blog2015 (12) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... AR MITTAL, J. 1. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to refund the excess ITC to the petitioner in view of order dated 26.6.2013 (Annexure P-2) passed by respondent No.2 along with all consequential benefits. 2. As per the averments made in the writ p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a period of sixty days from the date of submission of application for refund. The petitioner had got only one refund for the first quarter amounting to Rs. 31,73,342/- on 13.2.2012 without any interest and after delay of more than two months. However, no refund was made for the second and third quarters after the expiry of sixty days from the date of claim applications. Thereafter, the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted a written request and again visited the office of respondents No.3 and 4 and submitted an application dated 19.5.2014 to respondent No.3 for refund along with interest. However, respondent No.4 vide order dated 21.5.2014 (Annexure P-3) released a sum of Rs. 10,06,020/- as against refund claim of Rs. 17,34,521/-. The petitioner moved an application dated 22.5.2014 to respondent No.3 alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cting respondent No.3 to decide the application dated 16.6.2014 (Annexure P-4) along with calculations, Annexures P-5 and P-6, in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one month from the date of receipt of certified copy of the order. It is further directed that in case it is found that the petitioner is e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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