Shyam International v. Commissioner, Trade & Taxes & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5719/2017 SHYAM INTERNATIONAL ..... Petitioner Through:

Mr.Nitin Gulati, Advocate.

Versus

COMMISSIONER, TRADE & TAXES & ANR. ..... Respondents Through:

Ms.Swaty Singh Malik, Advocate with Mr.Himanshu Latwal, Advocate along with Ms.Priyanka Rani, L.A.

CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 11.07.2017 C.M.No.23886/2017 (Exemptions)

1. Allowed subject to all just exceptions W.P.(C) No.5719/2017

2. Notice. Ms. Swaty Singh Malik, the learned counsel accepts notice for the Respondents.

3. The learned counsel for the Petitioner states that the C-Forms will be produced before the concerned VATO within a week from today. W.P. (C)5719/2017

4. It is accordingly directed that within four weeks thereafter, the refund order will be passed by the Revenue and within a week thereafter, the refund amount together with interest accrued thereon shall be paid directly to the account of the Petitioner.

5. As regards the interest for the period during which the C-Forms were not available, the payment of the amount will be subject to the final outcome of the appeals preferred by the Revenue before the Supreme Court 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).

6. In the event that the Petitioner has any grievance regarding noncompliance with the above directions, it would be open to the Petitioner to seek appropriate remedies in accordance with law.

7. The petition is disposed of in the above terms. S.MURALIDHAR, J PRATHIBA M. SINGH, J JULY 11, 2017 'anb'

W.P. (C)5719/2017