Scg Contracts India Pvt. Ltd. v. Commissioner Of Value Added Tax

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11645/2015 SCG CONTRACTS INDIA PVT. LTD ..... Petitioner Through :

Mr Vineet Bhatia with Ms Neha Chaudhary versus COMMISSIONER OF VALUE ADDED TAX ..... Respondent Through :

Mr Gautam Narayan with Mr R. A. Iyer

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.12.2015 This is a writ petition in which a direction is sought to be issued to the respondent for refund of an amount of Rs 1,08,68,042/- (which includes interest till 30.11.2015), which is allegedly due to the petitioner.

The learned counsel for the petitioner submits that under Section 38(3)(a)(ii) of the Delhi Value Added Tax, 2004, the refund has to be made within two months after the date on which the return is furnished.

The return, according to the petitioner, was furnished on 01.07.2015. The period of two months prescribed under the statute has long gone by and there is no refund granted nor is there any order rejecting the refund. The learned counsel for the respondent states that the concerned officer shall pass an appropriate order within four weeks on the refund of the petitioner, as claimed in his return, for the fourth quarter of 2013-14.

The writ petition stands disposed of.

BADAR DURREZ AHMED, J DECEMBER 16, 2015 SANJEEV SACHDEVA, J SR