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High Court of DelhiW.P.(C)/5447/2017

Rajdhani Furnitures And Interiors v. Commissioner Of Trade And Taxes & ANR.

2018-04-11Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5447/2017 RAJDHANI FURNITURES AND INTERIORS ..... Petitioner Through Mr. Nitin Gulati, Adv.

versus COMMISSIONER OF TRADE AND TAXES & ANR.

..... Respondents Through Ms. Iram Majid and Ms. Sakshi Bajaj, Advs.

with Mr.

Rajesh Rawal, AVATO

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.04.2018 Counsel for the respondents on instructions states that they would pay interest for the period 07.04.2015 to 06.06.2017 on refund of Rs. 28,53,179/- within a period of two weeks. In case interest is not credited to the account of the petitioner within a period of two weeks, the respondents would also be liable to pay costs of Rs.5,000/-.

The next issue relates to refund of Rs.53,815/-. There is confusion and dispute whether the petitioner had filed and furnished the relevant papers or not. Without going into the said controversy, the authorised representative of the petitioner is directed to appear before the Special Commissioner to be nominated by the

Commissioner before whom the relevant papers/documents would be submitted.

The authorised representative of the petitioner would appear before the Special Commissioner on 26.04.2018 at 02:00 p.m. Within 07 days thereafter an order would be passed by the Special Commissioner and communicated to the petitioner. The said direction has been issued with the consent of the counsel for the parties.

Recording the aforesaid, writ petition is disposed of with liberty to the petitioner to challenge the order passed by the Special Commissioner. In case of default and delay in passing of the order, the petitioner would be at liberty to ask for revival of the present writ petition.

SANJIV KHANNA, J CHANDER SHEKHAR, J APRIL 11, 2018 b