Refund claims should be disposed of within three months. No refund claim to be withheld on the ground that appeal has been filed unless stay has been obtained
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Refund claim disposal: require sanction within statutory period and bar withholding due to appeal absent a stay. Refund claims must be disposed of and sanctioned within three months of receipt to avoid interest liability; responsibility for delays must be fixed. Refunds or rebates must not be withheld merely because an appeal has been filed, except where a formal stay has been obtained, and Commissioners must urgently seek stays in cases involving serious infirmities and large refunds. Refunds must not be withheld to augment revenue or meet targets, and officers are directed to follow these instructions strictly.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Refund claim disposal: require sanction within statutory period and bar withholding due to appeal absent a stay.
Refund claims must be disposed of and sanctioned within three months of receipt to avoid interest liability; responsibility for delays must be fixed. Refunds or rebates must not be withheld merely because an appeal has been filed, except where a formal stay has been obtained, and Commissioners must urgently seek stays in cases involving serious infirmities and large refunds. Refunds must not be withheld to augment revenue or meet targets, and officers are directed to follow these instructions strictly.
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