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    <title>1995 (12) TMI 361 - PATNA HIGH COURT</title>
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    <description>Refund of tax ordered under an appellate decision could not be retained merely because a review petition was pending. The appellate authority had already allowed the assessee&#039;s appeal and directed refund of the additional tax, so the department&#039;s request to withhold payment was not treated as a valid basis for continued retention of refundable ? avoid. The operative effect was that the refund had to be released in accordance with the appellate order, and interest was payable for the delay in making payment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=158488</link>
      <description>Refund of tax ordered under an appellate decision could not be retained merely because a review petition was pending. The appellate authority had already allowed the assessee&#039;s appeal and directed refund of the additional tax, so the department&#039;s request to withhold payment was not treated as a valid basis for continued retention of refundable ? avoid. The operative effect was that the refund had to be released in accordance with the appellate order, and interest was payable for the delay in making payment.</description>
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      <pubDate>Mon, 11 Dec 1995 00:00:00 +0530</pubDate>
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