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    <title>1997 (10) TMI 379 - ORISSA HIGH COURT</title>
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    <description>Refund under section 14-D of the Orissa Sales Tax Act could be withheld only if the underlying order was in appeal or further proceeding and the Commissioner formed and recorded an opinion, on relevant material, that grant of refund was likely to adversely affect revenue. The existence of an appeal alone was insufficient. As no such recorded opinion appeared in the record, the withholding order was unsustainable and was set aside; the refund application was remitted for fresh disposal.</description>
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      <link>https://www.taxtmi.com/caselaws?id=159277</link>
      <description>Refund under section 14-D of the Orissa Sales Tax Act could be withheld only if the underlying order was in appeal or further proceeding and the Commissioner formed and recorded an opinion, on relevant material, that grant of refund was likely to adversely affect revenue. The existence of an appeal alone was insufficient. As no such recorded opinion appeared in the record, the withholding order was unsustainable and was set aside; the refund application was remitted for fresh disposal.</description>
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