Extended period of limitation unsustainable; allowable deductions for prompt payment discounts, pro rata recovery, freight and VAT led to demand being...
Refund money deposited in Court could not be retained once the Department's challenge had been relegated to the statutory appeal before the Tribunal and no interim restraint was operating there. The High Court noted that the earlier order had not been adjudicated on merits, and in the absence of any Tribunal order preventing release, the deposited amount had to be returned to the petitioner. The release was directed to be made subject to any further orders passed in the Department's pending appeal before the Tribunal.
Refund money deposited in Court could not be retained once the Department's challenge had been relegated to the statutory appeal before the Tribunal and no interim restraint was operating there. The High Court noted that the earlier order had not been adjudicated on merits, and in the absence of any Tribunal order preventing release, the deposited amount had to be returned to the petitioner. The release was directed to be made subject to any further orders passed in the Department's pending appeal before the Tribunal.
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