Banarsi Dass Babu Ram & Sons v. Commissioner, Trade & Taxes & ANR.

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) No. 7278/2017 BANARSI DASS BABU RAM & SONS ..... Petitioner Through:

Mr. Nitin Gulati, Advocate.

versus COMMISSIONER, TRADE & TAXES & ANR.

.....Respondents Through:

Mr. Saurabh Chadda and Mr. Ishan Kashyap, Advocates.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 22.08.2017 C.M. No. 30122/2017 (exemption)

1. Allowed, subject to all just exceptions.

W.P. (C) No. 7278/2017

2. Notice. Mr. Saurabh Chadda, learned counsel for the Respondents, accepts notice for the Respondents.

3. Learned counsel for the Petitioner states that within two weeks the Petitioner will furnish 'C' form before the VATO concerned. It is, accordingly, directed that within two weeks thereafter, the refund order will be issued by the Revenue and within a week thereafter, the refund amount together with interest due thereon shall be paid directly to the account of the Petitioner.

4. As regards the interest for the period during which the C-Forms are 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 with regards to compliance with the terms of this order, 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.

AUGUST 22, 2017 dk