2017 (8) TMI 393 - HC - VAT and Sales Tax

Refund claim - Held that - It is directed that in respect of the above mentioned periods, i.e., all the quarters of AYs 2013-14 and 2014-15, the refund amount, together with interest due thereon, shall be directly credited to the account of the Petitioner within two weeks of passing the refund orders - petition allowed.

Summary

Issues:
1. Processing and issuance of refunds for Assessment Years 2013-14 and 2014-15.
2. Requirement of C-Forms for Assessment Years 2015-16 and 2016-17.
3. Payment of interest for the period without C-Forms.
4. Applicability of directions and remedies for non-compliance.

Analysis:
1. The judgment addresses the processing and issuance of refunds for the Petitioner for all quarters of Assessment Years 2013-14 and 2014-15. The Respondent clarifies that the refund orders for these periods will be issued not later than two weeks from the date of the statement. It is directed that the refund amount, along with the interest due, shall be directly credited to the Petitioner's account within two weeks of passing the refund orders.

2. In relation to Assessment Years 2015-16 and the 1st, 2nd, and 3rd quarters of 2016-17, the Respondent requires the Petitioner to produce C-Forms. The Petitioner undertakes to provide the C Forms to the VATO of Ward No. 62 within a week. The court directs that the refund orders for these periods will be issued within two weeks after the submission of the C-Forms, and the refund amount with interest shall be paid directly to the Petitioner's account within two weeks of the order issuance.

3. The judgment specifies that the payment of interest for the period without C-Forms will be contingent on the final outcome of appeals filed by the Revenue before the Supreme Court against a specific order passed by the High Court. This condition applies to the interest amount during the period when C-Forms are unavailable.

4. Lastly, the judgment allows the Petitioner to seek appropriate remedies in case of any grievance regarding non-compliance with the directions provided in the order. The petition is disposed of based on the terms outlined in the judgment, providing a clear framework for the processing of refunds and the submission of necessary documentation for different assessment years.