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2017 (4) TMI 905 - DELHI HIGH COURT

2017 (4) TMI 905 - DELHI HIGH COURT - TMI - Refund claim - excess VAT paid during different periods - Held that: - only impediment which the Revenue/DVAT has put forward to withhold the petitionerís claim for the larger sum of over ₹ 4 crores is the fresh SCN u/s 74A issued on 17.02.2017. Considering the circumstances, this Court is of the opinion that the respondents should, while processing the petitionerís claim for refund of ₹ 4 crores, keep aside the amount of ₹ 12,55,471, .....

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amount paid by it for various periods. The respondents were directed on 20.02.2017 to process the petitioner s application and make necessary orders; they were also directed to ensure that the amounts were remitted. It is informed by the respondents i.e. DVAT Department that on 17.02.2017 a notice was issued under Section 74A of the DVAT Act proposing to revise an order. Though the notice is unclear as to which period is involved, the details of the proposal, as contained in the file produced in .....

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