M/S Sainath Tradehome Pvt Ltd vs Commissioner Of Dvat And Another on 28 February, 2024

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Delhi High Court - Orders

M/S Sainath Tradehome Pvt Ltd vs Commissioner Of Dvat And Another on 28 February, 2024

Bench: Sanjeev Sachdeva

                                    $~23
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    W.P.(C) 2929/2024
                                         M/S SAINATH TRADEHOME PVT LTD               ..... Petitioner
                                                          Through: Ms. Jaya Pahwa, Advocate.
                                                          versus
                                         COMMISSIONER OF DVAT
                                         AND ANOTHER                           ..... Respondents
                                                          Through: Appearance not given.
                                         CORAM:
                                         HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                         HON'BLE MR. JUSTICE RAVINDER DUDEJA
                                                          ORDER

% 28.02.2024 CM APPL. 12079/2024 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.

W.P.(C) 2929/2024

1. Petitioner seeks a direction to the respondents to release the refund of sum of Rs. 86,07,600/-. Petitioner contends that by order dated 08.12.2023 in W.P. (C) 15787/2022, respondents were directed to process the refund application and dispose of the same in accordance with law by way of a reasoned and speaking order. He submits that till date, no order has been communicated and refund has also not been credited to the account of the petitioner.

2. Learned counsel for respondents submits that by an order dated 27.02.2024, a default assessment has been framed and a demand of Rs. 1,72,23,054/- has been created against the petitioner. A copy of the order has been e-mailed to the e-mail ID of Court Master. Same is taken on record.

W.P.(C) 2929/2024 Page 1 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 22:41:38

3. Learned counsel for the petitioner submits that no order has been received by the petitioner. He, however, seeks leave to withdraw the petition with liberty to the petitioner to impugn the default assessment order dated 27.02.2024.

4. Respondents are accordingly directed to communicate the order dated 27.02.2024 to the petitioner in addition through counsel within two days.

5. Petition is accordingly dismissed as withdrawn with liberty to the petitioner, as prayed for.

SANJEEV SACHDEVA, J RAVINDER DUDEJA, J FEBRUARY 28, 2024/vp W.P.(C) 2929/2024 Page 2 of 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 22:41:38

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Delhi High Court - Orders