Shanti Kiran India Pvt. Ltd. v. Commissioner Trade & Taxes & ANR.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7929/2018 & CM APPL. 30395/2018 SHANTI KIRAN INDIA PVT. LTD.

..... Petitioner Through:

Mr. Varun Nischal, Mr. Arif Ahmed Khan and Ms. Gauri Grover, Advocates.

versus COMMISSIONER TRADE & TAXES & ANR.

..... Respondents Through:

Mr. Anuj Aggarwal, ASC with Mr. Kanishk Rana, Adv. and Ms. Trisha Kadyan, Legal Assistant.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 31.07.2018 Issue notice. Mr. Anuj Aggarwal, Addl. Standing Counsel for the respondents accepts notice.

Petitioner seeks direction for refund of `49,84,413/- along with interest. The refund claims are set out in a tabular form, which is reproduced as follows:- "TABLE-1 S.

No.

Tax Period Amount (in Rs.) Date of payment/ deposit OR filling of return Date from which interest is to be paid 1.

Oct 2010 9,87,957 24.11.2010 25.12.2010 2.

Nov 2010 9,75,882 25.12.2010 26.01.2011

3.

Dec 2010 9,40,861 24.01.2011 25.02.2011 4.

4th Qtr 1320,79,713 25.06.2014 26.08.2014 Total 49,84,413"

It is further urged that no notice under Section 59 of the DVAT Act is pending in respect of the petitioner's returns and that consequently the said amount of `49,84,413/- should be processed and appropriate refund made expeditiously.

Learned counsel appearing for the respondents on advance notice submits that he has instructions to state that the refund claims would be processed. The respondents are directed to process the refund claims and ensure that the amounts are refunded to the petitioner with interest within four weeks from today. The writ petition is disposed of in the above terms along with the pending application.

S. RAVINDRA BHAT, J A. K. CHAWLA, J JULY 31, 2018 nn