Disposed

Jasminder Engineering Works v. Commissioner, Trade &Taxes & Anr.

Delhi HC10 Nov 2017W.P.(C)/9955/2017

Case brief

AI extract

What is this about?

The petition was disposed of by directing the petitioner to submit a 'C' Form for document verification regarding a tax refund. The Court clarified it did not examine the interest question or the notice upload issue, which were noted for examination in other cases.

What did the court decide?

Disposition of the writ petition with directions for submitting 'C' Form and document verification; no order as to costs.

Jasminder Engineering Works Vs Commissioner, Trade… — Service and Employment | Delhi HC (2017)

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$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9955/2017

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JASMINDER ENGINEERING WORKS ..... Petitioner Through Mr. Nitin Gulati, Advocate.

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versus

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COMMISSIONER, TRADE &TAXES & ANR...... Respondent Through Mr. Sumer Sethi, Advocate and Ms. Trisha Kadyan, Legal Assistant, GNCTD for R-1 and R-2.

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CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH

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O R D E R

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% 10.11.2017

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Counsel for the respondents, who appears on advance notice, states that refund has not been paid for want of ‘C’ Form.

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Counsel for the petitioner without prejudice to his rights and contentions states that the petitioner would be submitting physical ‘C’ Form’ to the Assessing Officer on any date and time, which may be fixed by the Court.

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The petitioner or his authorized representative would visit the office of the respondents on 16^th November, 2017 at 3 p.m. along with the relevant ‘C’ Forms and other relevant documents. On the same date itself, the officer concerned would examine the documents and inform the petitioner about the deficiencies, if any. The deficiencies, if any, would be removed and met within a week. The

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assessment/refund order would be then either passed within a week from 16^th November, 2017 or in case, time is given to cure the deficiencies, within 7 days after the date fixed.

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We clarify that we have not examined the question of interest, which would be examined by the competent authority and an appropriate order in accordance with law would be passed. 5. There is another issue raised by the petitioner about the failure of the respondents to upload notice under Section 59 (2) of the Delhi Value Added Tax Act, 2004 on the portal. We record that this aspect is being examined in other cases.

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The writ petition is disposed of in the aforesaid terms, with no order as to costs.

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SANJIV KHANNA, J.

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PRATHIBA M. SINGH, J.

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NOVEMBER 10, 2017 NA/VKR

Jasminder Engineering Works v. Commissioner, Trade &Taxes & Anr.

Case brief

What is this about?

What did the court decide?

Jasminder Engineering Works v. Commissioner, Trade &Taxes & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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