Goel Rubber & Chemicals v. The Commissioner Of Vat & ANR.

V'i .

$-40, 41, 42, 44, 45, 47, 48, 49, 50, 51.

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 12055/2016 M/S K.K. CEMPROTECH PVT LTD.

Tlirough: Mr. A.K. Babbar, Mi'. Surinder Kr., Mi*. Atul Babbar, Ms. Ruchi Babbar, Advs.

COMMISSIONER OF DELHI VALUE ADDED TAX & ANR.

Mr. Siddharth Shankar Ray, Advocate W.P.(C) 12117/2016 M/S RRK TRADING CORPORATION Atul Babbar, Ms. Ruchi Babbar, Advs.

COMMISSIONER OF DELHI VALUE ADDED TAX & ANR.

Through: Mr. Avtar Singh, Advocate + ^W.P.(C) 12118/2016 M/S SWAAGAT PACKAGING Through: Mr. Sudliir Sangal, Advocate THE COMMISSIONER OF VAT' & ANR.

Through By:AMULYA

W.P.(C) 12126/2016 M/S MANSAROVAR PACKAGING Through: Mr. Sudhir Sangal, Advocate THE COMMISSIONER OF VAT & ANR.

Through: Nlr. Manmeet Singh, counsel for W.P.(C) 12142/2016 M/S K.K. CEMPROTECH P VT LTD Atul Babbar, Ms. Ruchi Babbar, Advs, Xy.

'

COMMISSIONER OF DELHI V ALUE ADDED TAX & ANR. W.P.(C) 52/2017 THE MOBILE STORE SERVICE PVT LIMITED Through: Mr. Sudhir Sangal, Advocate THE COMMISSIONER OF VAT & ANR.

Through: Mr. Satyakam, Advocate Addl. St.

Counsel, Govt. of NCT of Delhi.

W.P.(C) 151/2017 BHAWNA ENTERPRISES Through: Mr. Sudhir Sangal, Advocate W.P.(C) 12055/2016 & Connected cases

s THE COMMISSIONER OF VAT & ANR.

Through; Mr. Siddharth Dutta, Advocate W.P.(C) 227/2017 GOEL RUBBER & CHEMICALS Through: Mr. Sudhir Sangal, Advocate THE COMMISSIONER OF VAT & ANR.

Through: Mr. Siddharth Dutta, Advocate W.P.(C) 246/2017 * M/S KR^TTON POTOR CONTROLS INDIA PVT. LTD.

Atul Babbar, Ms. Ruchi Babbar, Advs.

COMMISSIONER OF DELHI VALUE ADDED TAX & ANR.

W.P.(C) 870/2017 VED PRAKASH SUNIL DUTT Through: Mr. Virag Tivvari and Mr. Rajeev Bhagat, Advs.

COMMISSIONER OF TRADE & TAXES ^ ^

-\\\ Through: Mr. Rahul Sharma and Mr. C.K. Bhatt, Advs.

CORAM: JUSTICE S.MURALIDHAR JUSTICE NAJMI WAZIRI

ORDER

% 10.04.2017

1. The learned counsel for the DVAT department inform the Court that an order similar to one passed on 28^^ March, 2017 in WP(C) 883 of 2017 [M/s. Bajrang Iron Store v. Commissioner of Delhi VAT & Anr.] may be passed in these writ petitions which pertain to reftind. It is assured that the DVAT department will abide by the time lines as directed by this Court.

2. It is accordingly directed that the Petitioners shall, not later than one week from today, submit an application to the DVAT department. In such event, the Department will ensure that the amount of refund, together with interest for the undisputed period, and to the extent it is not disputed as far as it does not relate to any statutory forms, is disbursed directly to the concerned Petitioners' account not later than four weeks thereafter. With respect to the amount relatable to the statutory forms and the interest accrued thereon, the DVAT department shall ensure that such amounts are kept in an interest bearing security and the payment is made subject to the final outcome of the appeals preferred before the Supreme Court against the order dated 19th Januaiy 2017 passed by this Court in '^T(C) No. 10701 of i iittSliiiHiii

lo 2016 etc. {Vizien Organics v. Commissioner, Trade & Taxes & Anr.).

3. The Court further directs that the DVAT department will abide by the above time lines. In the event that the Petitioners have any grievance either on account non-payment of the refund amount together with interest as directed or non-compliance with any of the above directions, it would be open to them to seek appropriate remedies in accordance with law.

4. The petitions are disposed of.

S.MIJRALIDHAR, J NAJMl WAZIRI. J APRIL 10, 2017 acm W.P.(C) 12055/2016 & Coniiecicd case.-.

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