Mr. Puneet Rai, Advocate. v. COMMISSIONER OF TRADE & TAXES, & ANR. ..

Delhi High Court · 17 Apr 2017 · 2017:DHC:8116-DB
JUSTICE S. MURALIDHAR JUSTICE NAJMI WAZIRI; 17.04.2017 CM No. 14251/2017 (for exemption) in W.P. (C) No. 3273/2017; CM No. 14263/2017 (for exemption) in W.P. (C) No. 3274/2017 fy. p. (C) yos. 3273/2017 &3274/2017 Page 1of3
2017:DHC:8116-DB
tax petition_allowed Significant

AI Summary

The Delhi High Court directed the DVAT Department to promptly disburse undisputed refund amounts with interest to petitioners, while amounts related to statutory forms remain subject to Supreme Court appeals.

Full Text
Translation output
HIGH COURT OF DELHI
65.
W.P.(C) 3273/2017
M/S RAJESH ENTERPRISES Petitioner
Through: Mr. Puneet Rai, Advocate.
VERSUS
COMMISSIONER OF TRADE & TAXES, & ANR. .. Respondents
Through: Mr. Atul Aggarwal, Additional Standing
Counsel for GNCTD.
66.
AND
X
^yW.P.(C) 3274/2017 M/S KATARIA INTERNATIONAL Petitioner
Through: Mr. Puneet Rai, Advocate.
VERSUS
COMMISSIONER OF TRADE & TAXES, & ANR. .. Respondents
Through: Mr. Satyakam, Additional Standing Counsel for GNCTD.
CORAM: JUSTICE S. MURALIDHAR JUSTICE NAJMI WAZIRI
17.04.2017 CM No. 14251/2017 (for exemption) in W.P. (C) No. 3273/2017
CM No. 14263/2017 (for exemption) in W.P. (C) No. 3274/2017 fy. p. (C) yos. 3273/2017 &3274/2017 Page 1of3
2017:DHC:8116-DB
ORDER

1. Allowed, subject to alljust exceptions. W.P.(C) No. 3273/2017 & W.P. (C) No. 3274/2017

2. Notice. Mr. Satyakam, Advocate, accepts notice for the Respondents.

3. The learned counsel for the DVAT Department informs the Court that an order similar to one passed on 28"" March, 2017 in W.P.(C) No. 883 of?017 [M/s. Bajrang Iron Store v. Commissioner ofDelhi VAT] may be passed in these writ petitions which pertain to refund. It is assured that the DVAT Department will abide by the time lines as directed by this Court.

4. It is accordingly directed that the Petitioners shall, not laterthan oneweek from today, furnish to the DVAT Department further documents ifany that may be required. The Department will ensure that the amount of refund, together with interest for the undisputed period, and to the extent it is not disputed as far as it does not relate to any statutory forms, is disbursed directly to the concerned Petitioners' accounts not later than four weeks thereafter. With respect to the amount relatable to the statutory forms and the interest accrued thereon, the DVAT Department shall ensure that such amounts are kept in an interest bearing security and the payment is made subject to the final outcome of the appeals preferred before the Supreme Court against the order dated 19'*' January 2017 passed by this Court in W.P.(C)No. 10701 of 2016 etc. (Vizien Organics v. Commissioner, Trade & Taxes).

5. The Court further directs that the DVAT Department will abide by the above time lines. In the event that the Petitioners have any grievance either W.P. (C) Nos. 3273/2017 &3274/2017 Page 2of[3] / on account of non-payment of the refund amount together with interest as directed or non-compHance with any of the above directions, it would be open to them to seek appropriate remedies in accordance with law.

6. The petitions are disposed of LIDHAR, J APRIL 17, 2017 NAJMrAVAZIRI, J