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2018 (11) TMI 1801 - HC - VAT and Sales TaxDenial of F-forms - rectification of erroneous particulars with respect to the branch transfers in Column R-11.3 of Form DVAT-16 - rejection of request on the ground that the limitation had since expired - HELD THAT - The respondents are hereby directed to release the concerned F-forms within two weeks to enable appropriate correction in the relevant quarter. The petitioner shall however furnish the surety bond to secure the amounts. Petition disposed off.
Issues: Denial of F-forms for the last quarter of AY 2014-15 due to erroneous particulars in Form DVAT-16 Column R-11.3.
In this judgment by the Delhi High Court, the petitioner was aggrieved by the denial of F-forms for the last quarter of AY 2014-15 by the Delhi VAT Department due to erroneous particulars filled in Column R-11.3 of Form DVAT-16. The petitioner had made a mistake in the branch transfers details and upon realizing the error, applied to the Revenue authorities for correction. However, the request was declined citing expiration of limitation, as indicated in the rejection letter issued on 13.07.2018. The petitioner relied on the decision in E.I. Dupont India Pvt. Ltd. v. Commissioner, VAT, Delhi & Anr., where the Court directed the issuance of F-Forms within a specified timeline and subject to certain conditions. The judgment in Ingram Micro India Ltd. v. Commissioner of Trade and Taxes and Anr. was also cited, which extensively analyzed the applicable DVAT rules. The Court in E.I. Dupont India Pvt. Ltd. v. Commissioner, VAT, Delhi & Anr. provided specific directions for the issuance of F-Forms, subject to the final decision of the Supreme Court in Ingram Micro Pvt. Ltd. and other pending appeals. Referring to previous orders in similar cases, particularly in E.I. Dupont India Pvt. Ltd and Allied Automation Engineering Services Pvt. Ltd, where relief was granted for mistakes in filling DVAT-16 columns, the Court directed the respondents to release the concerned F-forms within two weeks for appropriate correction in the relevant quarter. The petitioner was instructed to furnish a surety bond to secure the amounts, with these directions being subject to the final outcome of the decision by the Supreme Court in SLP 13928/2018. Ultimately, the writ petition was disposed of with the direction for the release of F-forms within the specified timeline and subject to the conditions mentioned, pending the final decision of the Supreme Court in the related matter.
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