2019 (8) TMI 1015 - HC - VAT and Sales Tax

Refund claim - time limitation - Section 38 of the Delhi Value Added Tax Act 2004 - HELD THAT - The legal position that the refunds to be made in terms of Section 38 of the Delhi Value Added Tax Act 2004 within the time limit specified in Section 38 (3) thereof not withstanding demands that might be created for other periods other than that for which refund is due and which demands are sought to be raised subsequent to the expiry of the two month period under Section 38 of the DVAT Act is well settled. It is made clear that the interest should be calculated strictly in terms of the law explained by this Court in the above decision and up to 31st August 2019 or the date of actual refund whichever is later. If the refund together with the interest is not credited to the account of the Petitioner on or before 31st August 2019 the Respondents will pay further cost of 50, 000/- to the Petitioner. Petition disposed off.

Summary

Issues:
1. Review assessment order issued without notice to the Petitioner.
2. Refund of the amount due to the Petitioner.
3. Legal position regarding refunds under the Delhi Value Added Tax Act, 2004.
4. Compliance with court orders for issuing refunds and interest.
5. Calculation of interest on refunds.
6. Consequences for non-compliance with refund deadline.

Detailed Analysis:
1. The court noted that the review assessment order was issued without providing any notice to the Petitioner, which was against the decision in S.L. Enterprises v. Commissioner of Value Added Tax. The Respondents agreed to issue a show cause notice to the Petitioner for reviewing the assessment orders in a time-bound manner. However, they were not willing to refund the amount due to the Petitioner before initiating the review process again.

2. The legal position regarding refunds under the Delhi Value Added Tax Act, 2004 was discussed. The court referred to the case of Swaran Darshan Impex Pvt. Ltd. v. Commissioner Value Added Tax to establish that refunds must be made within the time limit specified in the Act, regardless of any demands raised subsequently. The court reiterated this position in a previous order dated 9th July, 2019.

3. In light of the legal principles established, the court set aside the review order passed by the VATO and directed the Respondents to comply with the earlier court order dated 25th September, 2017. The Respondents were instructed to issue refunds to the Petitioner for specific tax periods along with statutory interest as per the DVAT Act by a specified deadline.

4. The court emphasized that interest on the refunds should be calculated strictly in accordance with the law, as explained in a previous decision. If the refund with interest was not credited to the Petitioner's account by the deadline, the Respondents would be liable to pay additional costs to the Petitioner.

5. The judgment concluded by disposing of the petition on the terms outlined, allowing the Respondents to proceed with the Assessee in accordance with the law after the refund was made.