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    <title>2009 (4) TMI 742 - CESTAT, BANGALORE</title>
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    <description>Interest could not be appropriated against a refund unless the interest liability had first been legally determined. The record showed no determination by the lower authorities that the respondent was liable for the interest sought to be recovered, and the recovery power could not be used to adjust an unascertained amount. The appropriation of the refund towards the alleged interest demand was therefore arbitrary and unsupported by the record, and the assessee succeeded on this issue.</description>
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      <title>2009 (4) TMI 742 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=126603</link>
      <description>Interest could not be appropriated against a refund unless the interest liability had first been legally determined. The record showed no determination by the lower authorities that the respondent was liable for the interest sought to be recovered, and the recovery power could not be used to adjust an unascertained amount. The appropriation of the refund towards the alleged interest demand was therefore arbitrary and unsupported by the record, and the assessee succeeded on this issue.</description>
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