High Court of DelhiW.P.(C)/3278/2017

B.R Sonwal And Sons v. Commissioner Trade & Taxes & ANR.

2017-04-17Cases Pertaining To Spl.Division Benches2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 70.

+ W.P.(C) 3278/2017 B.R. SONWAL AND SONS ..... Petitioner Through: Mr. Arif Ahmed Khan, Advocate.

versus COMMISSIONER TRADE & TAXES & ANR.

..... Respondents Through: Mr. Anuj Aggarwal, Additional Standing Counsel for GNCTD.

CORAM: JUSTICE S. MURALIDHAR JUSTICE NAJMI WAZIRI

O R D E R

% 17.04.2017 CM No. 14277/2017 (for exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 3278/2017

2. Notice. Mr. Anuj Agarwal, Advocate, accepts notice for the Respondents.

3. 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 time lines as directed by this Court.

4. It is accordingly directed that the Petitioner shall, not later than one week W.P. (C) No. 3278/2017

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 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 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).

5. The Court further directs that the DVAT Department will abide by the above time lines. 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.

6. The petition is disposed of.

S. MURALIDHAR, J NAJMI WAZIRI, J APRIL 17, 2017 dn W.P. (C) No. 3278/2017