Clerk order in writ petition regarding TDS refund and document translation. Court closed the petition after respondent confirmed online correction submission, leaving room for further grievance approach.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA,
1945
WP(C) NO. 31778 OF 2022
PETITIONER/S:
CLARA VINCENT, AGED 65 YEARS, W/O.VINCENT, ST.ANDREWS, ST.XAVIERS COLLEGE, P.O. THIRUVANANTHAPURAM DISTRICT, PIN - 695586
BY ADVS. V.PREMCHAND SURYA MOHAN P. FATHIMA SHALU S.
RESPONDENT/S:
*[THE ADDRESS OF THE 1ST RESPONDENT IS CORRECTED AS "THE DISTRICT COLLECTOR, KANNUR DISTRICT, PIN 670002 INSTEAD OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN 695 001" AS PER ORDER DATED 18/09/2023 IN I.A-1/2022 IN WP(C) 31778/2022]
WP(C) NO. 31778 OF 2022
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BY ADV CHRISTOPHER ABRAHAM
OTHER PRESENT:
SMT.JASMINE M.M.-GP, SMT.N.SUDHADEVI, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The present writ petition has been filed seeking the following reliefs:
“1) Issue a writ of Mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to upload the TDS with all the relevant details including PAN of the petitioner to enable the Income Tax Departrment to process the TDS claim in respect of the Award No 02/2010 dated 27.09.2010 passed by the Special Tahsildar (LA)(NH) ,Kannur.
II) Issue a writ of Mandamus or any other approprlate writ, direction or order directing respondents 3 and 4 to take appropriate steps to refund the TDS claim of the petitioner
III) The petitioner also prays that this Hon 'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.
IV) Any other relief this Hon'ble court deems fit.”
learned Government Pleader stating that the online correction statement for Quarter-3 of financial year 2010-11 for Form-26Q has been submitted
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successfully to the Income Tax Department. Token number for the correction statement has also been generated. The petitioner can visit the relevant website for process of the correction statement in respect of the TDS deposited on the payment received by the petitioner for acquisition of her land.
Pending interlocutory application, if any, in the writ petition stands dismissed.
Sd/DINESH KUMAR SINGH JUDGE
jg
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WP(C) NO. 31778 OF 2022
APPENDIX OF WP(C) 31778/2022
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PETITION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE SPECIAL TAHSILDAR KANNUR Exhibit-P2 A TRUE COPY OF THE COMMUNICATION DATED 10-062014 FROM THE OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-2 Exhibit-P3 A TRUE COPY OF THE COMMUNICATION DATED 25-022015 SENT BY THE SPECIAL TAHSILDAR, THALASSERRY TO THE OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX, KANNUR Exhibit-P4 A TRUE COPY OF THE LAWYER NOTICE DATED 03-022021 TO THE LAND ACQUISITION OFFICER THALASSERY
1 issue framed by the court
Whether the petitioner can avail TDS refund and correction statement online without paying translation fees.
CLARA VINCENT
THE DISTRICT COLLECTOR, KANNUR DISTRICT
THE SPECIAL TAHSILDAR(LA) THALASSERY
THE ADDITIONAL COMMISSIONER OF INCOME TAX
THE INCOME TAX OFFICER
DINESH KUMAR SINGH
As recorded by the court registry
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