Important order passed by Hon'ble High Court, Delhi in respect of Delay in VAT refund.


Important order passed by Hon'ble High Court, Delhi in respect of Delay in VAT refund.
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Monday, August 8, 2016
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Dear all,

One of the prominent Chartered Accountant of DNH Shri K.C. Singhal has forwarded a very important order passed by Hon'ble Delhi High Court in case of Teleworld Mobiles Pvt. Ltd, Versus Commissioner of Trade & Taxes. The soft copy of the order is attached herewith.

While passing the Order Hon'ble High Court, Delhi observed that:

"The matter, however, cannot end there. The Court is concerned about the conduct of the several officials of the DT&T, who seem to be acting not only in contravention of the various provisions of the DVAT Act, but also in willful disobedience of the law explained by  this Court in several of its decisions. Although, circulars and orders may have been issued by the Commissioner VAT from time to time, they appear to have no impact on the behaviour of the officials of the DT&T. On a daily basis, this Court has been faced with several petitions where instances of blatant and willful disobedience of the statutory provisions by the officials of the DT&T have come to light and time and again the Court has had to intervene to set right the violations".

"As far as W. P. (C) No. 5584 of 2016 is concerned, it is directed that the refund due to the Petitioner for the fourth quarter of 2013-14 together with interest due thereon up to the date of issue of refund shall be credited to the account of the Petitioner through RTGS not later than 8th August, 2016. The Commissioner (VAT) will personally ensure the compliance of the above direction and himself file an affidavit of compliance in the Registry within two days thereafter i.e. on or before 10th August 2016. If there is noncompliance with this direction it will be open to the Petitioner to apply to this Court for directions. W.P. (C) 5584 of 2016 is allowed in the above terms".

This is a very crucial order passed by Hon'ble High Court in respect of VAT refund, therefore the order has been sent to Colleague Industries for their knowledge.

Thanking you,
With regards, 

For Silvassa Industries & Manufacturers Association    

Narendra Trivedi
Secretary


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