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High Court of DelhiW.P.(C)/6688/2017

International Ispat Traders v. Commissioner Of Trade & Taxes & ANR.

2017-09-11Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) No. 6688/2017 INTERNATIONAL ISPAT TRADERS ..... Petitioner Through:

Mr. R.K.Batra, Advocate.

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

Mr. Anuj Aggarwal, ASC with Ms.

Deboshree Mukherjee, Advocate.

CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 11.09.2017

1. It is stated that the refund orders have been issued. However, it is also mentioned that the interest on the refund amount has not been granted. The learned counsel for the Petitioner points out that the interest pertaining to the period during which the C-Forms were not available is insignificant compared to the total amount of interest that is due on the refund. This is because, according to him, of the refund amount, the C-Form component was not even Rs.8,000/-.

2. Be that as it may, apart from the amount of interest corresponding to the period during which the C-Forms were not available (which would 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. W.P.(C) 6688/2017

Commissioner, Trade & Taxes), the Department is directed now to pass a specific order not later than two weeks from today granting the interest amount due on the refund already issued to the Petitioner. It is further directed that the refund amount and the interest thereon calculated in the above terms will be credited directly to the account of the Petitioner within four weeks from today.

3. In case there is any grievance with regard to non-compliance with the above directions, it would be open to the Petitioner to seek appropriate remedy in accordance with law.

4. The writ petition is disposed of in the above terms. S. MURALIDHAR, J.

PRATHIBA M. SINGH, J.

SEPTEMBER 11, 2017 'anb'

W.P.(C) 6688/2017