2016 (7) TMI 941

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..... ditional Standing  Counsel, GNCTD with Mr. R.A. Iyer,  Advocate and Mr. Sunil Kumar VATO (Ward -83) O R D E R It is pointed out by Mr. Vinod Srivastava, learned counsel for the Petitioner, that although the order for issuance of refund together with interest has been passed, the amount is yet to be released. 2. Mr. Gautam Narayan, learned Additional Standing Counsel states, on instruc .....

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..... ere can be no justification for not releasing of the refund amount in terms of Section 38 of the DVAT Act. In any event, the time period within which the refund is to be made cannot possibly exceed that stipulated under Section 38 of the DVAT Act. Whatever be the 'fail-safe' mechanism the Commissioner wishes to devise, unless the statute permits staggering of the refund payments through th .....

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..... VAT Act but the Department is ending up paying far more interest on the refund amount than what is permissible or contemplated in terms of Section 38 of the DVAT Act. There has to be some accountability fixed within the Department for the lapses on part of those processing refund application resulting in such unnecessary payment of interest beyond what is permissible. This is an additional reason .....

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