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Delhi High Court - Orders

M/S Batra Henlay Cables vs Chief Commissioner Of Gst, New Delhi And ... on 22 August, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                           $~33
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +      W.P.(C) 12026/2022
                                  M/S BATRA HENLAY CABLES                 ......Petitioner
                                               Through: Mr Ashish Batra, Adv.

                                                       versus

                                  CHIEF COMMISSIONER OF GST,
                                  NEW DELHI AND ANR                      ......Respondents
                                               Through: Mr Harpreet Singh, Sr Standing
                                                        Counsel with Ms Suhani Mathur and
                                                        Mr Jatin Kumar Gaur, Advs.
                                  CORAM:
                                  HON'BLE MR JUSTICE RAJIV SHAKDHER
                                  HON'BLE MS JUSTICE TARA VITASTA GANJU
                                                       ORDER

% 22.08.2022 [Physical Court hearing/ Hybrid hearing (as per request)] CM APPL.35971/2022

1. Allowed, subject to the petitioner filing legible copies of annexures, at least three days before the next date of hearing. W.P.(C) 12026/2022

2. The principal grievance of the petitioner isthat interest has not been granted on the principal amount, which we are told has been refunded pursuant to the order dated 05.01.2022 passed by theCustoms, Excise & Service Tax Appellate Tribunal [in short, "the Tribunal"].

3. We are also informed, that the application for refund of interestwas filed on 07.01.2022.It is stated that the refund orderedwas towards "pre- deposit."

W.P.(C) 12026/2022 1/2 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:26.08.2022 19:02:38

4. Counsel who appears on behalf of the petitioner says that the Tribunal had passed an order dated 05.10.2018, on merits.

5. Issue notice.

5.1 Mr Harpreet Singh accepts notice on behalf of the respondents/revenue.

6. Mr Singh will return with instructions, as to why the interest has not been paid.

6.1 In case instructions are received to resist the petition, the counter- affidavit will be filed before the next date of hearing.

7. List the matter on 08.09.2022.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J AUGUST 22, 2022/pmc Click here to check corrigendum, if any W.P.(C) 12026/2022 2/2 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:26.08.2022 19:02:38