Shakti Plas Industries v. Commissioner, Trade & Taxes & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8665/2017 SHAKTI PLAS INDUSTRIES ..... Petitioner Through:

Mr.Nitin Gulati, Advocate.

Versus

COMMISSIONER, TRADE & TAXES & ANR. ..... Respondents Through:

Mr.Satyakam, ASC with Ms.Priyanka Rani, Advocate.

CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 26.09.2017 C.M.No.35623/2017 (exemptions)

1. Allowed subject to all just exceptions.

W.P.(C) No.8665/2017

2. Notice. Mr. Satyakam, the learned ASC, accepts notice for the Respondents.

3. The learned counsel for the Petitioner states that the Petitioner will submit the C-Forms within one week from today.

4. Subject to compliance with the above assurance, the refund order will be issued by the Respondent within four weeks thereafter and within two weeks thereafter, the refund amount together 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 (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 26, 2017 'anb'