Hon'ble Bala Krishna Narayana,J.
Learned counsel for the petitioner submitted that the petitioner is a Public Limited Company and being a new unit granted exemption under Section 4A of the U.P. Trade Tax Act.
He further submitted that in view of the Section 42(4A) of the U.P. VAT Act which has been introduced in the year 2009 w.e.f. 1.1.2008 the petitioner is entitled for the benefit of tax on the turnover of purchases made before the date of the commencement of this Act by way of refund of earned input tax credit computed on the basis of data declared in the documents submitted along with the return of tax on the fulfillment of certain conditions contemplated therein. According to the learned counsel for the petitioner, the petitioner has fulfilled all the conditions and furnished the return and necessary details in this regard. However till date the refund has not been granted for the period 1.1.2008 to October 2009 and in this regard the petitioner has moved application on 19.12.2009 before Joint Commissioner Commercial Taxes Corporate Circle, Ghaziabad, which is Annexure-4 to the writ petition which is pending undisposed.
In view of above facts and circumstancces, the writ petition is disposed of directing the Joint Commissioner Commercial Taxes Corporate Circle, Ghaziabad to dispose of the application of refund Annexure 4 to the writ petition within a period of two weeks from the date of presentation of the certified copy of the order and also to pay the interest in accordance to Section 42(7) within the aforesaid period if it is legally payable.
Order Date :- 5.1.2010 R.C.