Dhanpati Packaging v. Commissioner Of Value Added Tax

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8290/2017 DHANPATI PACKAGING ..... Petitioner Through: Mr Mayank Gupta, Advocate versus COMMISSIONER OF VALUE ADDED TAX & ANR. ..... Respondent Through: Mr D. Rajeshwar Rao, Advocate

CORAM:

JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 18.09.2017 CM No. 34145/2017 (for exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 8290/2017

2. Notice. D. Rajeshwar Rao, learned counsel, accepts notice on behalf of the Respondents.

3. Learned counsel for the Petitioner states that C-Form will be produced within four weeks from today before the VATO concerned.

4. It is accordingly directed that subject to compliance with the above assurance, within four weeks thereafter, the refund order will be issued by the Respondent and within two weeks thereafter, the refund amount together W.P.(C) 8290/2017

with interest due thereon shall be paid directly into the account of the Petitioner.

5. 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 Respondent before the Supreme Court against the order dated 19th January 2017 passed by this Court in W.P.(C) No. 10701 of 2016 i.e. (Vizien Organics v. Commissioner, Trade & Taxes).

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

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

PRATHIBA M. SINGH, J.

SEPTEMBER 18, 2017 rd W.P.(C) 8290/2017