2018 (8) TMI 1811 - HC - VAT and Sales Tax

Entitlement to refund alongwith interest - respondents were unable to justify the basis for the impugned orders which accepted the returns and generated zero demands and at the same time withheld the refunds - HELD THAT - The assessments were apparently completed, over six years back - for the last all the quarters and almost eight years ago for the earliest quarter. In the circumstances, the impugned zero assessment orders (except the order dated 02.02.2012 by the VATO for the tax period March, 2010), are hereby quashed. The respondents are hereby directed to process the petitioner s application and pass appropriate orders within two weeks - Order dasti.

Summary

Issues:
Entitlement to refund of about ?1,50,50,577 unjustifiably withheld by the Government of NCT of Delhi.

Analysis:
The petitioner's grievance in this case was that their entitlement to a refund of approximately ?1,50,50,577, along with interest for the period June 2010 to March 2012, was unjustly withheld by the Government of NCT of Delhi. The impugned orders accepted the returns and generated "zero demands" but withheld the refunds without any justifiable basis. The petitioner relied on a previous court order in a similar case, where the court had directed the refund of the deposited amount along with interest, emphasizing that notices of default assessment of tax and interest must be served within the specified time frame as per the Delhi Value Added Tax Act, 2004.

The court referred to a previous ruling in Prime Papers & Packers v. Commissioner of VAT, emphasizing that notices under the DVAT Act must adhere to the specified time frame. The court found it concerning that despite several notices demanding "zero" tax from the assessee, the refunds were being withheld. Consequently, the court quashed the zero assessment orders and directed the respondents to process the petitioner's application and pass appropriate orders within a week. Any amount deposited by the petitioner was to be refunded after adjusting the tax due along with interest payable in accordance with the law within two weeks.

In the present case, the assessments were completed over six years ago for the last quarters and almost eight years ago for the earliest quarter. The court, therefore, quashed the zero assessment orders, except for one specific order, and directed the respondents to process the petitioner's application and pass appropriate orders within two weeks. The amounts deposited by the petitioners were to be refunded after adjusting the tax due along with interest payable to the petitioner in accordance with the law. The court ordered the issuance of the order immediately.