Poonawala Fincorp Limited v. Commissioner Of Trade And Taxes & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16160/2024 POONAWALA FINCORP LIMITED .....Petitioner Through:

Mr. Sandeep Gupta and Mr. Manish Pushkarna, Advocates.

versus COMMISSIONER OF TRADE AND TAXES & ANR.

.....Respondents Through:

Mr. K.G. Gopalakrishnan, Ms. Nisha Mohandas and Mr. Kunwar Raj Singh, Advocates along with Mr.

Lalit, GSTO, Ward-92 and Mr. Poshinder Singh, LA, DTT, GNCTD.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 03.04.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed under Article 226 and 227 of the Constitution of India by the Petitioner - Poonawala Fincorp Limited seeking issuance of an appropriate writ directing the Respondents to release the refund amount of Rs. 78,37,761/- along with the interest. 3.

The Petitioner was engaged in business of leasing registered under Department of Trade and Taxes. The Petitioner filed VAT return for fourth quarter of 2013-14 and claimed refund along with interest thereafter. The Respondent/Department issued notice calling for information/documents for the refund to be processed. Consequently, Petitioner submitted a letter dated 14th May, 2024 requesting for grant of refund for the said period. However, it was not granted. Hence, the present petition. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2025 at 12:07:06

4.

According to the Respondent/Department no interest would be liable to be paid. The official who is present in Court today submits that when the application for claiming refund was received, the same was processed and was duly paid on 21st February, 2025. The period for which the interest is sought is from fourth quarter of 2013-14 till payment of refund in 2025. 5.

Since the stand of the Department is that no interest is payable, let a Speaking Order be passed and the reasons be communicated to the Petitioner within a period of two months.

6.

All rights and remedies are left open.

7.

The present petition is disposed of in above terms. Pending application(s), if any, also stand disposed of. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J APRIL 3, 2025/nd/tsv The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2025 at 12:07:06