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    Section 74 extended limitation requires pleaded facts establishing fraud, wilful misstatement or suppression, not a mere tax mismatch.
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Refunds of pre-deposit arising from appellate relief must be...

Pre-deposit refund cannot be appropriated toward penalties already set aside, and delayed refunds attract statutory interest under prior law.

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Service Tax September 26, 2026 Case Laws AT
Refunds of pre-deposit arising from appellate relief must be determined under the appellate order; penalties already set aside cannot be recovered by appropriating the refund, and setting aside the Event Management Services demand makes the corresponding deposit refundable. For appeals pending when the statutory amendment took effect, the unamended Section 35FF regime applies. Interest on delayed pre-deposit refund accrues only if payment is not made within three months of the jurisdictional authority receiving the appellate order. The refund amount, due date and consequential interest require fresh computation.

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Acts Income Tax