Thales Security Solutions & Services Sas v. Commissioner, Trade & Taxes & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 5854/2017 THALES SECURITY SOLUTIONS & SERVICES SAS ..... Petitioner Through:

Mr. Ruchir Bhatia, Advocate.

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

Mr. Ankur Chhibber, Advocate.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 01.08.2017 CM No.24492/2017 (Exemption)

1. Application is allowed, subject to all just exceptions. WP(C) No. 5854/2017

2. Learned counsel for the Respondents states that the Petitioner should be asked to submit TDS certificate in DVAT-43.

3. Learned counsel for the Petitioner states that the Petitioner will produce the said certificate before the VATO, not later than one week from today. Within four weeks thereafter, the requisite refund order would be passed and within one week thereafter the refund amount together with interest due thereon shall be directly credited to the account of the Petitioner.

W.P.(C) No. 5854/2017

4. As far as the interest for the period during which the DVAT-43 form was not produced, the Department will make the payment 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, there is any grievance regarding non-compliance with the above directions, it will 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.

AUGUST 01, 2017 b'nesh W.P.(C) No. 5854/2017