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High Court of Punjab and HaryanaCWP/6363/2021disposed of

M/S Cello Plast Industries Faridabad v. State Of Haryana And Others

2021-03-22Ms. Justice Ritu Bahri,Mrs. Justice Archana Puri2 pages

CWP No. 6363 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 6363 of 2021 Date of decision 22.03.2021 M/s Cello Plast Industries Faridabad

...Petitioner

Vs.

State of Haryana and ors.

...

Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr. Rajiv Agnihotri, Advocate, for the petitioner. *** Ritu Bahri, J. (Oral) Petitioner-Company has filed the present petition seeking direction to the respondents to refund the amount which became due, vide Annexure P-1 dated 04.02.2019 for the assessment year 2015-16 along with interest from the date of order to the date of payment. The grievance of the petitioner is that despite refund of amount of `4,18,096/- having been ordered by the Excise and Taxation Officer on 04.02.2019 (Annexure P-1), refund has not been received by the petitioner till date despite having applied for the same vide online application dated 05.07.2019 (Annexure P-2).

Learned counsel for the petitioner asserts that the petitioner at this stage would be satisfied if a direction is issued to the Excise and Taxation Officer-cum-Assessing Authority, Ward No.1, Faridabadrespondent No.5 to release the refund amount of the petitioner as assessed vide order dated 04.02.2019 (Annexure P-1).

GAURAV ARORA 2021.03.25 14:03 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 6363 of 2021 Without going into the merits of the case or commenting thereon, present writ petition is disposed of by directing the Excise and Taxation Officer-cum-Assessing Authority, Ward No.1, Faridabadrespondent No.5 to decide the application 05.07.2019 (Annexure P-2) in the light of the order dated 04.02.2019 (Annexure P-1) within a period of four weeks from the date of receipt of this order. In case the claim of the petitioner is accepted the amount be released within a further period of fifteen days.

(RITU BAHRI) JUDGE (ARCHANA PURI) JUDGE 22.03.2021 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2021.03.25 14:03 I attest to the accuracy and integrity of this document Chandigarh