Ram Comunication vs. Commissioner, State Goods And Services Tax & Anr.

W.P.(C)/8744/2020HC DelhiGSTCNR DLHC01030051202001 October 2021Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MS. JUSTICE JYOTI SINGH3 pages
For Petitioner: Mr. Ruchir Bhatia, AdvocateFor Respondent: Mr. Prateek K. Chadha and Mr. Yash Sinha, Advocates for Respondents No. 1 and 2
AI SummaryRemanded

Held

The Court directed the Respondents to examine or re-examine the Petitioner's entitlement to the interest component on its refund claim. If the Petitioner is found entitled to the interest, the amount shall be released. If the Respondents conclude that the interest component is not payable, they are to pass a speaking order within four weeks of receiving a copy of the Court's order, detailing the reasons for rejecting the claim. The Petitioner will be at liberty to challenge the speaking order before the appropriate authority. The issue of whether the Petitioner is entitled to interest was not definitively decided by the Court, but rather remitted for further examination by the Respondents.

Facts

The Petitioner, Ram Comunicação, filed a writ petition seeking a refund of Rs. 32,17,668/- along with interest under the Delhi Value Added Tax Act, 2004. The Respondents, Commissioner, State Goods and Services Tax & Anr., submitted that a refund of Rs. 29,03,203/- had already been granted on 26.11.2020. The remaining amount of Rs. 3,14,465/- was adjusted against outstanding dues from the Petitioner. The claim for interest under Section 42 of the Delhi Value Added Tax Act, 2004, was disputed and therefore not paid.

Key Issues

1. Whether the Petitioner is entitled to interest on its refund claim under Section 42 of the Delhi Value Added Tax Act, 2004? The Petitioner argued that if interest is payable, it should be released. Alternatively, if the Respondents decline the interest claim, a speaking order detailing the reasons for rejection should be provided to enable the Petitioner to challenge it. The Respondents contended that the Petitioner is not entitled to interest but had no objection to examining the issue. They agreed to pass a speaking order if they concluded that the Petitioner was not entitled to the interest component.

Sections Cited

Section 42

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 8744/2020 Page 1 of 3 $~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 1st October, 2021 + W.P.(C) 8744/2020 RAM COMUNICATION ..... Petitioner Through Mr. Ruchir Bhatia, Advocate. versus COMMISSIONER, STATE GOODS AND SERVICES TAX & ANR. ..... Respondents Through Mr. Prateek K. Chadha and Mr. Yash Sinha, Advocates for Respondents No. 1 and 2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE JYOTI SINGH

JUDGMENT D.N. PATEL, CHIEF JUSTICE (ORAL) Proceedings have been conducted through video conferencing.

1.

Present writ petition has been preferred seeking the following reliefs: “i) Issue a writ of mandamus or any other writ, order or direction in the nature thereof directing the respondents to refund the amount of Rs.32,17,668/-along with interest thereon to the petitioner; ii) award costs of this petition; and/or; iii) pass such other order or orders as may be deemed fit and appropriate under the facts and circumstances of the case.”

2.

We have heard learned counsels appearing on behalf of the parties and looked into the facts and circumstances of the case. Petitioner herein Signing Date:26.10.2021 23:49:39 Signature Not V

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