The Hot Plate Centre v. The Commissioner Trade and Taxes

Delhi High Court · 13 Nov 2019 · 2019:DHC:5902-DB
D. N. Patel; C. Hari Shankar
W.P.(C) 11892/2019
2019:DHC:5902-DB
tax petition_allowed

AI Summary

The Delhi High Court directed the tax authorities to expeditiously decide the petitioner's refund claim under the Delhi VAT Act, applying the principle of unjust enrichment.

Full Text
Translation output
W.P.(C) 11892/2019
HIGH COURT OF DELHI
Date of Decision: 13th November, 2019
W.P.(C) 11892/2019
THE HOT PLATE CENTRE ..... Petitioner
Through: Mr. Arif Ahmed Khan & Mr. Kartik Dabas, Advs.
VERSUS
THE COMMISSIONER TRADE AND TAXES, AND ORS. ..... Respondents
Through: Mr.Dhananjaya Mishra, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
C.M.No.48734/2019 (exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C). 11892/2019

1. Counsel appearing for the petitioner submits that suffice it will be for disposal of this writ petition if a suitable direction is given to the respondents to decide the application of this petitioner for refund of Rs.5,52,477/- for first and third quarter of the financial year 2016-2017 and first quarter of the financial year 2017-2018.

2. In view of the aforesaid submissions, we hereby direct the respondents 2019:DHC:5902-DB W.P.(C) 11892/2019 to decide the representation or claim of this petitioner for refund of the aforesaid amount under the Delhi Value Added Tax Act, 2004 as early as possible and practicable in accordance with law, rules, regulations, Government policy including principles of unjust enrichment as propounded by Hon’ble Supreme Court in Union of India vs. Mafatlal Industries Ltd. reported in 1997 89 ELT 247 (SC) and on the basis of evidences available on record.

3. With the aforesaid observations, this writ petition stands disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 13, 2019 ns