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High Court of DelhiW.P.(C)/7390/2017

R.L. Enterprises v. Commissioner, Trade & Taxes & ANR.

2017-08-25Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Ms. Justice Prathiba M. Singh2 pages

I Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT

OF DELHI AT NEW DELHI + W.P.(C) 7389/2017 R.L. ENTERPRISES Petitioner Through:

Mr. Ruchir Bhatia, Senior Standing Counsel with Mr. Gaurav Kheterpal, Advocate.

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

Mr. Siddharth Dutta, Advocate.

AND + W.P.(C) 7390/2017 R.L. ENTERPRISES Petitioner Through:

Mr. Ruchir Bhatia, Senior Standing Counsel with Mr. Gaurav Kheterpal, Advocate.

versus COMMISSIONER, TRADE & TAXES & ANR Respondents Through:

Mr. Siddharth Dutta, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH

ORDER

% 25.08.2017 'V CM APPL. 30550/2017 (exemption^ in W.P.(C^ 7389/2017 CM APPL. 30551/2017 rexemption^ in W.P.rC) 7390/2017

1. Allowed, subject to all just exceptions.

W.P.(C)Nos. 7389/2017& 7390/2017

W.P.(a 7389/2017 & W.P.(0 7390/2017

2. Notice. Mr. Siddharth Dutta, learned counsel for the Revenue accepts notice for the Respondents.

3. Learned counsel for the Petitioner states that within one week the Petitioner will furnish the requisite 'C forms before the VATO concerned. It is, accordingly, directed that within four 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 orderdated 19^ January2017 passedby this CourtinW.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 petitions are disposed of in the above terms. S. MURALIDHAR, J.

PRATHIBA M. SINGH, J.

AUGUST 25, 2017/^^A:

W.P.(C) Nos. 7389/2017 & 7390/2017