M/S Shri Girriraj Cattle Feed Industries v. State Of Punjab And Others

CWP No.12809 of 2019 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP No.12809 of 2019 Date of Decision: 20.02.2020 M/s Shri Giriraj Cattle Feed Industries, Delhi Petitioner

Versus

State of Punjab and others Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Aman Bansal, Advocate for the petitioner.

Mr. Sunint Kaur, Assistant Advocate General, Punjab. Mr. T.V.S. Lehal, Advocate for respondents No.4 to 8.

**** AJAY TEWARI, J. (Oral) [1] The present writ petition has been filed for issuance of writ in the nature of certiorari for setting aside the impugned order/reply dated 03.05.2019 [Annexure P-12] whereby claim of the petitioner has been rejected by respondent No.7 and to set aside impugned order dated 23.09.2016 [Annexure P-6] passed by respondent No.7. Further prayer is made to refund the excess VAT charged from the petitioner.

[2] Today, learned Assistant Advocate General, Punjab, on instructions from Mr. Anil Gupta, Excise and Taxation Officer, Legal Cell has very fairly accepted that the tax on sale of "damaged wheat" collected from the petitioner by the respondents No.4 to 8 PANKAJ BAWEJA 2020.02.25 16:14 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh

CWP No.12809 of 2019 [2] was deposited with them but the petitioner has not moved any application for refund.

[3] In the circumstances, the petition is disposed of with liberty to the petitioner to move an application for refund. The respondents No.1 to 3 shall decide any such application moved by the petitioner within a period of two months of its receipt. [4] Since the writ petition is disposed of, the pending application, if any, also stands disposed of. [AJAY TEWARI] JUDGE [AVNEESH JHINGAN] JUDGE February 20, 2020
 
 

           PANKAJ BAWEJA 2020.02.25 16:14 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh