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Kerala HC Orders Refund of Property Tax Deposit after adjusting dues

Case Law Details

TaxGuru Citation
2025 taxguru.in 1521
Case Name
Synthetie Industries Ltd Vs State of Kerala (Kerala High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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Synthetie Industries Ltd Vs State of Kerala (Kerala High Court)

Kerala High Court ruled on a writ petition filed by Synthetie Industries Ltd, seeking reassessment of property tax and a refund of excess payments. The petitioner requested directions to update the SANCHAYA software for reassessment in line with government orders (Exts. P6 and P10). Additionally, the petitioner sought the refund of the deposited amount after adjusting the property tax for the assessment years 2013-14 to 2015-16 and renewal of its license under the Panchayat Raj Act for 2016-17 after such adjustments.

The court observed that despite serving notice on the 2nd respondent on February 22, 2016, no counter affidavit was filed. The petition had been pending since February 2016, and interim orders had already been passed. Given the absence of a response from the respondents, the court noted that government orders (Exts. P6 and P10) remained valid and binding. Therefore, the petitioner was entitled to the requested reliefs.

The High Court directed the 2nd respondent to take necessary steps to refund the deposited amount after deducting the applicable property tax dues. The authorities were instructed to calculate and disburse the amount within two months of receiving the judgment. The ruling emphasized that government agencies must adhere to their directives and ensure timely tax reassessments.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,705

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