R.H. Polychem Pvt. Ltd. v. Commissioner Of Trade & Taxes

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) No. 8287/2017 R.H. POLYCHEM PVT. LTD.

..... Petitioner Through:

Mr. Rajesh Jain, Advocate with Mr. Virag Tiwari, Advocate.

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

Mr. Varun Nischal, Advocate.

CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 18.09.2017 C.M. No. 34142/2017 (Exemptions)

1. Allowed, subject to all just exceptions W.P. (C) No. 8287/2017

2. Notice. Mr.Varun Nischal, the learned counsel accepts notice for the Respondent. Mr. Rajesh Jain, the learned Counsel for the Petitioner, states that the C-Form will be produced within the next three days.

3. Subject to compliance with the above assurance, the refund order be issued by the Respondent within four weeks from today. Within two weeks thereafter, the refund amount along with the interest due thereon will be credited directly to the account of the Petitioner. W.P.(C) No.8287/2017

4. As regards the interest for the period during which the C-Form was 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 noncompliance with the terms of this order, it would be open to it 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.

SEPTEMBER 18, 2017 'anb'

W.P.(C) No.8287/2017