High CourtsDivision Bench(2024) 02 DEL CK 3699

Indian Bullion Market 0Association Limited vs Commissioner Of Value Added Tax & Anr.

Delhi High Court · Decided on 26 February 2024

HON’BLE JUDGES
Sanjeev Sachdeva, J · Ravinder Dudeja, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) 2240/2023

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Judgment

6 paragraphs · 223 words

SANJEEV SACHDEVA, J. (ORAL)

1.

Petitioner seeks a direction to the respondent to refund amount of Rs. 1,40,43,039/- alongwith interest thereon.

2.

Learned counsel for petitioner submits that thereafter filing of the petition, the refund amount of Rs 1,40,43,039/- has been credited to the account of the petitioner. However, no interest has been paid thereon.

3.

In view of the above, the petition is disposed of directing the respondent to consider the rights of the petitioner to receive interest in terms of Section 42 of Delhi Value Added Tax Act, 2004 on the amount that has been refunded to the petitioner within a period of two weeks from today. In case any amount is found due and payable towards interest as mandated by Section 42, the same shall be credited to the account of the petitioner within a period of two weeks thereafter. However, in case, the authorities are of the view that the interest is not liable to be paid in terms of Section 42 of the Act, a speaking order shall be passed and communicated to the petitioner within a period of two weeks from today.

4.

It would be opened to the petitioner to avail of such remedies as may be permissible in law, in case aggrieved by such speaking order.

5.

Petition is disposed of in the above terms.