2019 (11) TMI 375 - HC - VAT and Sales Tax

Refund along with interest - Delhi Vat Act - HELD THAT - We direct the concerned respondent authority to decide the claims of the petitioner for refund with interest in accordance with law, rules, regulations, Government policy and keeping in mind the evidences on record, as early as possible and practicable preferably within a period of eight weeks from today. Petition disposed off.

Summary

Issues:
1. Refund claim under Delhi Value Added Tax Act, 2004 for the fourth quarter of 2014.

Issue 1: Refund Claim under Delhi Value Added Tax Act, 2004 for the Fourth Quarter of 2014:

The petitioner filed a writ petition seeking a refund of &8377; 74,32,421/- along with interest under the Delhi Value Added Tax Act, 2004 for the fourth quarter of 2014. The petitioner claimed that the input tax credit exceeded the output tax credit. The counsel for the petitioner highlighted that a refund application was already submitted on 6th August 2019, pending with the respondent. The petitioner requested a direction to the respondent to decide on the refund claim with interest after providing a fair opportunity for the petitioner to be heard.

Upon hearing both parties and considering the case's circumstances, the court directed the respondent authority to decide on the petitioner's refund claims with interest in compliance with the law, rules, regulations, and government policies. The authority was instructed to consider the evidence on record and resolve the claim as soon as possible, preferably within eight weeks from the judgment date. Consequently, the court disposed of the writ petition with this directive, ensuring a timely resolution of the refund claim under the Delhi Value Added Tax Act, 2004 for the specified quarter of 2014.

This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the court's decision regarding the refund claim under the Delhi Value Added Tax Act, 2004 for the fourth quarter of 2014.