The Kashmir Timber Syndicate v. Commissioner Of Trade & Taxes & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5760/2017 THE KASHMIR TIMBER SYNDICATE ..... Petitioner Through :

Mr. Sumit K. Batra, Advocates.

versus COMMISSIONER OF TRADE & TAXES & ANR.

..... Respondents Through:

Mr. Rahul Sharma and Mr. C. K.

Bhatt, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 20.07.2017

1. Learned counsel for the Petitioner states that 'C' form has already been furnished to the VATO concerned. Learned counsel for the Respondent states that except the refund of 4th quarter of 2013-14 and 2016-17 the other refund claims have been processed.

2. Learned counsel for the Petitioner states that till date no refund order has been received.

3. It is ordered that no later than one week from today, the refund orders, that have already been processed, should be made available to the Petitioner and within one week thereafter the refund amount together with interest due thereon be credited directly to the account of the Petitioner. As regards the

4th quarter of both 2013-14 and 2016-17, the refund orders will be passed within four weeks and within one week thereafter the refund amount together with interest due thereon be credited directly to the account of the Petitioner.

4. 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).

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

6. The petition is disposed of in the above terms. S.MURALIDHAR, J PRATHIBA M. SINGH, J JULY 20, 2017 dk