M/S Jainasons Packers v. Commissioner Of Delhi Value Added Tax & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4737/2017 M/S JAINASONS PACKERS ..... Petitioner Through:

Mr. A.K. Babbar, Advocate with Mr.

Surinder Kumar, Mr. Bharat Tirpathi, Mr. Atul Babbar, Advocates.

Versus

COMMISSIONER OF DELHI VALUE ADDED TAX & ANR.

..... Respondents Through:

Mr. Naunidh S. Arora, Advocate.

CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR

O R D E R

% 26.05.2017

1. Issue notice. Mr. Naunidh S. Arora, Advocate accepts notice for the Respondents.

2. It is submitted by the learned counsel for the Petitioner that C-Forms have been provided to the Respondents on 23rd May, 2017.

3. The Court directs that the DVAT Department should proceed to pass the refund order for the refund amount together with interest for the undisputed period within four weeks and the amount of refund together with the interest due be paid directly into the Petitioner's account within one week thereafter.

4. As regards the interest amount relatable to period of non-submission of C W.P.(C) 4737/2017

Forms, the undertaking of the DVAT department that such amounts shall be paid forthwith 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. 10701/2016 etc. (Vizien Organics v. Commissioner, Trade & Taxes) is placed on record.

5. 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 them to seek appropriate remedies in accordance with law.

6. The petition is disposed of.

7. Order Dasti under the signature of the Court Master. S.MURALIDHAR, J CHANDER SHEKHAR, J MAY 26, 2017 'anb'

W.P.(C) 4737/2017