Shri Sai Cashew Private Limited v. Commissioner Of Trade & Taxes & ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4381/2017 SHRI SAI CASHEW PRIVATE LIMITED ..... Petitioner Through:

Mr.Raj K. Batra, Advocate versus COMMISSIONER OF TRADE & TAXES & ANR...... Respondents Through:

Mr. Shadan Farasat, Advocate CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR

O R D E R

% 19.05.2017 CM No.19171/2017

1. Allowed, subject to all just exceptions.

WP(C) No.4381/2017

2. Mr. Raj K. Batra, learned counsel for the Petitioner, states that the Cforms will be produced before the Value Added Tax Officer ('VATO') on 22nd May, 2017 itself.

3. 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 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 WP(C) No.4381 of 2017

paid within four weeks of the final judgment of the Supreme Court in the Department's SLP 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).

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 is disposed of.

S.MURALIDHAR, J CHANDER SHEKHAR, J MAY 19, 2017 tp WP(C) No.4381 of 2017