V. M. INDUSTRIES Vs. COMMISSIONER OF VAT

JUDGEMENT

(1.) Present writ petition has been preferred seeking the following reliefs:-

(2.) We have heard learned counsels appearing on behalf of the parties and looked into the facts and circumstances of the case.

(3.) By way of the present petition, Petitioner seeks a refund of Rs.25,75,818.00 along with interest under Sec. 42 of the Delhi Value Added Tax Act, 2004, for the first quarter of 2017-18, i.e. for the period 1/4/2017 to 30/6/2017. According to the learned counsel for the Petitioner, the Petitioner filed its return of VAT on 27/12/2017 for the tax period 1/4/2017 to 30/6/2017, claiming a refund of Rs.55,04,128.00 by carry forward of the same to the next tax period. On 1/7/2017, the DVAT Act was replaced by the Delhi Goods and Service Tax Act, 2017. Petitioner filed the GST Form TRAN-1. As per the provision of Sec. 140(1) of DGST Act, Petitioner only carried over a refund of Rs.29,28,310.00 out of total refund of the aforesaid amount as transitional ITC to the electronic credit ledger of Petitioner firm, which is attributable to a claim under Sec. 5 (3) and Ss. 6 and 8 of the CST Act, 1956 and was duly supported by statutory declaration forms.