A.P. Motors v. Commissioner Of Trade & Taxes

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) No. 8288/2017 A.P. MOTORS ..... Petitioner Through:

Mr. Rajesh Jain, Mr. Virag Tiwari, Advocates.

versus COMMISSIONER OF TRADE & TAXES ..... Respondent Through:

Mr. Rahul Sharma, Advocate with Mr. C.K. Bhatt, Advocate.

CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 18.09.2017 C.M. No. 34143/2017 (exemptions)

1. Allowed, subject to all just exceptions.

W.P. (C) No. 8288/2017

2. Notice. Mr. Rahul Sharma, the learned Counsel, accepts notice for the Respondent.

3. Mr. Rajesh Jain, the learned Counsel for the Petitioner states that the C-Form will be produced within the next three days.

4. Subject to compliance with the above assurance, the refund order will be issued by the Respondent within four weeks from today. Within two weeks thereafter, the refund amount together with interest due thereon will be W.P.(C) No.8288/2017

credited directly to 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 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).

6. In the event that the Petitioner has any grievance with regard to 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 'anb'

W.P.(C) No.8288/2017