Ramji Lal Ram Babu v. Commissioner Of Trade & Taxes & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4207/2017 RAMJI LAL RAM BABU ..... Petitioner Through:

Mr. Raj K. Batra & Mr. Sunit K.

Batra, Advocates versus COMMISSIONER OF TRADE & TAXES & ANR...... Respondents Through:

Mr. Satyakam, ASC CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR

O R D E R

% 16.05.2017 CM No.18407/2017 (for exemption)

1. Allowed, subject to all just exceptions.

WP(C) No.4207/2017

2. Mr. Raj K. Batra, learned counsel for the Petitioner states that the original 'C' Form will be furnished to the DVAT Department within one week from today. Learned counsel for the Respondents states that within a period of two weeks thereafter, the refund application will be processed and orders passed. It is directed that the refund amount, together with interest, be paid directly to the Petitioner's account not later than four weeks thereafter.

3. With respect to the amount relatable to the interest pertaining to the period during which 'C' Form was not submitted, the undertaking of the DVAT Department that such withheld amount will be paid, subject to the outcome of the decision of the Supreme Court in SLP No. 3496 of 2017 WP(C) No.4207 of 2017

(Commissioner, Trade and Taxes v. Vizien Organics), within four weeks from the date of the said order of the Supreme Court is placed on record.

4. 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.

5. The petition stands disposed of in the above terms. S.MURALIDHAR, J CHANDER SHEKHAR, J MAY 16, 2017 tp WP(C) No.4207 of 2017