9911796707
TMI Blog2025 (4) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... le 226 of the Constitution of India seeking refund of the amount of Rs. 25,40,422/- along with interest. The case of the Petitioner is that refund was claimed in terms of the returns filed by it for the first quarter of 2017-18, and as per the Petitioner, the same ought to have been processed within two months in terms of Section 38 (3) (a) (ii) of Delhi Value Added Tax Act, 2004 ('DVAT Act'). Since the refund was not granted, the Petitioner has filed the present petition. 3. Notice was issued in the present petition in 19th April, 2023. 4. According to the Respondent/Department, since April, 2023 when the writ was filed, the Respondent wrote to the Petitioner seeking the correct bank details as the earlier bank details which were on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .09.2017 in terms of Section 38(3) of the DVAT Act. However, the return was furnished with the incorrect bank details and same was updated on 07.02.2023 and therefore, in view of the Explanation to Section 42 (1) of the DVAT Act, delay in granting the refund from 25.09.2017 to 07.02.2023 is clearly attributable to the dealer and for the said period, he is also not entitled for the interest. Refund of Rs.25,40,422 has been issued on 08.06.2023 and therefore, dealer is entitled for interest for the period starting from 07.02.2023 up to 08.06.2023. Accordingly, the calculation of interest on refund is detailed hereunder: S.No. Financial Year Refund Amount Date of furnishing the Bank details Date from which Interest being calculated P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wholly or in part, the period of the delay attributable to him shall be excluded from the period for which the interest is payable."
7. The documents which have been handed over are taken on record. It is noted that the Petitioner has not placed any correspondence on record from 2017 to 2023 as well.
8. In view of the Explanation to Section 42 (1), since the mistake in the bank details would be attributable to the dealer, in the opinion of the Court, the Petitioner would not be entitled to any further interest. Therefore, the order dated 5th July, 2023 does not warrant any interference.
9. At this stage, ld. Counsel for the Petitioner submits that he wishes to withdraw the present petition. The petition is dismissed as withdrawn. X X X X Extracts X X X X X X X X Extracts X X X X
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