1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.11604 of 2011 A.Ramasamy ... Petitioner Versus Assistant Commissioner of Income Tax, Circle II, C.R.Buildings, V.P.Rathinasamy Nadar Road, Madurai - 625 002. ... Respondent PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to grant the refund eligible under Section 10(10C) of Income Tax Act to the petitioner. For Petitioner : Mr.S.M.S.Johnny Basha For Respondent : Mr.R.Krishnamoorthy, for the Standing Counsel for Income Tax O R D E R The petitioner has come up with the above writ petition seeking a Mandamus to direct the respondent to grant refund of the Tax already paid, after taking note of the exemption available under Section 10(10C) of the Income Tax Act. 2. Heard Mr.S.M.S.Johnny Basha, learned Counsel for the petitioner and Mr.R.Krishnamoorthy, learned Counsel representing the Standing Counsel for the Income Tax Department. 3. It is admitted by the learned Counsel for the respondent that the issue raised in the Writ Petition about the entitlement of the petitioner for exemption in respect of the amounts received under the Voluntary Retirement Scheme, is already settled by a Judgment of this Court in W.P.No.3986 of 2007, dated 03.11.2010. The said decision followed the decision of the Apex Court in C.A.No.6997 to 7002 of 2009. 4. Therefore, following the decision in W.P(MD)Nos.3986 to 3997 of 2007, batch of cases, dated 03.11.2010, this Writ Petition is also allowed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To Assistant Commissioner of Income Tax, Circle II, C.R.Buildings, V.P.Rathinasamy Nadar Road, Madurai - 625 002 +One Cc to Mr.S.M.S.Johnny Basha, Advocate, SR.No.36843 ps rl/3c – 9.11.2011 W.P.(MD)NO.11604 of 2011 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/