Zones Corporate Solutions PVT. LTD. vs. Commissioner Of Central Goods & Services Tax Delhi East & Anr.

W.P.(C)/3620/2020HC DelhiGSTCNR DLHC01018243202010 July 2020Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA4 pages
For Petitioner: Mr. Ruchir Bhatia with Mr. Hemant Gupta, AdvocatesFor Respondent: Mr. Harpreet Singh, Sr. Standing Counsel for respondents
AI SummaryAllowed

Held

The Court directed the respondents to refund the amount as ordered by the Commissioner (Appeals) within four weeks. The Court held that the petitioner should not wait endlessly for the respondents to challenge the appellate order. The respondents were permitted to file appropriate proceedings within the same period, with all rights and contentions left open.

Facts

The petitioner sought a direction to refund Rs. 1,40,99,149/- along with interest, which was due to them on account of zero-rated supplies. The refund was not released despite two final orders from the Commissioner (Appeals). The respondents cited the non-functioning of the GST Appellate Tribunal and alleged discrepancies in the petitioner's documentation as reasons for the delay.

Key Issues

Whether the respondents can indefinitely withhold a sanctioned refund due to the petitioner, and if the petitioner should be made to wait for the respondents to challenge an appellate order.

Sections Cited

Section 16, Section 54, Section 56, Rule 89(2)(f)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
#3 $~ v* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3620/2020 ZONES CORPORATE SOLUTIONS PVT. LTD. ..... Petitioner Through: Mr. Ruchir Bhatia with Mr. Hemant Gupta, Advocates versus COMMISSIONER OF CENTRAL GOODS & SERVICES TAX DELHI EAST & ANR. ..... Respondents Through: Mr. Harpreet Singh, Sr. Standing Counsel for respondents. CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R %

10.07.

2020 The petition has been heard by way of video conferencing.

On 19th June, 2020, this Court had passed the following order:- “The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. It is pertinent to mention that present writ petition has been filed seeking a direction to the respondents to refund Rs.1,40,99,149/- due to the petitioner along with interest which the respondents have failed to release despite two orders dated 23rd July, 2019 passed by the learned Commissioner (Appeals)-I, Delhi, which have attained finality. In the petition, it has been averred that refund is

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.