High Court of DelhiW.P.(C)/2601/2017

M/S Kansal Industries v. Commissioner Of Delhi Value Added Tax & ANR.

2017-04-19Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2601/2017 M/S KANSAL INDUSTRIES ..... Petitioner Through:

Sh. Bharat Kumar Tripathi and Sh. A.K. Babbar, Advocates versus COMMISSIONER OF DELHI VALUE ADDED TAX & ANR.

..... Respondents Through:

Sh. Siddharth Dutta, Advocate

CORAM:

JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR

O R D E R

% 19.04.2017

1. The learned counsel for the DVAT Department informs the Court that an order similar to one passed on 28th March, 2017 in W.P.(C) No. 883 of 2017 [M/s. Bajrang Iron Store v. Commissioner of Delhi VAT] may be passed in this writ petition which pertains to refund. It is assured that the DVAT Department will abide by the timeline as directed by this Court.

2. It is, accordingly, directed that the Petitioner shall not later than one week from today furnish to the DVAT Department further documents, if any, that may be required. The DVAT 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 W.P.(C) 2601/2017

directly to the Petitioner's 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 deposit and the payment is made subject to the final outcome of the appeals preferred before the Supreme Court against the order dated 19th January, 2017 passed by this Court in W.P.(C) No. 10701 of 2016 etc. (Vizien Organics v. Commissioner, Trade & Taxes).

3. The Court further directs that the DVAT Department will abide by the above timeline. In the event that the Petitioner has any grievance either on account of 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 the Petitioner to seek appropriate remedies in accordance with law.

4. The petition is disposed of.

S.MURALIDHAR, J CHANDER SHEKHAR, J APRIL 19, 2017 / SU W.P.(C) 2601/2017