2017 (9) TMI 1821 - HC - VAT and Sales Tax

Refund claim - C-Forms not available - HELD THAT - It is directed that the refund of the Petitioner be processed and the refund order be passed within four weeks from today. The refund amount along with the interest due thereon be credited directly to the account of the Petitioner within two weeks thereafter. Interest for the period during which the C-Forms are not available - HELD THAT - The payment of the amount will be subject to the final outcome of the appeals preferred by the Revenue before the Supreme Court against the order in Vizien Organics v. Commissioner, Trade Taxes 2017 (1) TMI 1168 - DELHI HIGH COURT . In the event that the Petitioner has any grievance regarding noncompliance with the above directions, it would be open to the Petitioner to seek appropriate remedies in accordance with law - petition disposed off.

Summary

Issues involved:
1. Exemption application
2. Refund processing and interest payment
3. Compliance with court directions

Analysis:
1. The High Court allowed the exemption application subject to all just exceptions. In the case of W.P.(C) No.8283/2017, the Respondent informed the Court that the Petitioner had produced the relevant C-Forms before the VATO concerned. Consequently, the Court directed that the refund of the Petitioner be processed within four weeks, and the refund amount along with the interest due be credited directly to the Petitioner's account within two weeks thereafter.

2. Regarding the interest for the period when the C-Forms were not available, the payment was made subject to the final outcome of the appeals preferred by the Revenue before the Supreme Court against the order passed by the High Court in a previous case. The Court emphasized that if the Petitioner faced any noncompliance with the directions given, they could seek appropriate remedies in accordance with the law. The petition was disposed of based on the above terms, with an order for Dasti under the signature of the Court Master.

3. The judgment focused on the proper processing of the refund and the payment of interest due to the Petitioner. It also highlighted the importance of compliance with court directions and provided the Petitioner with the option to seek legal remedies in case of any grievances. The Court's decision aimed at ensuring fair treatment and adherence to the law in the matter of exemption application and refund processing.