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    <title>2009 (4) TMI 844 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Section 33C of the Andhra Pradesh General Sales Tax Act, 1957 was construed as extending to refund of pre-deposit amounts made for appeals under sections 19 and 21, because those deposits remain tied to the assessed tax liability. The power to withhold refund is conditioned on a reasoned opinion that repayment is likely to adversely affect Revenue, so the authority must record the factual basis for that view and cannot rely on bare pendency of proceedings. Relevant considerations may include the assessee&#039;s financial stability, creditworthiness, track record, and the likelihood of recovery if the State succeeds later. Orders lacking reasons and objective material were treated as unsustainable.</description>
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    <pubDate>Thu, 02 Apr 2009 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=163893</link>
      <description>Section 33C of the Andhra Pradesh General Sales Tax Act, 1957 was construed as extending to refund of pre-deposit amounts made for appeals under sections 19 and 21, because those deposits remain tied to the assessed tax liability. The power to withhold refund is conditioned on a reasoned opinion that repayment is likely to adversely affect Revenue, so the authority must record the factual basis for that view and cannot rely on bare pendency of proceedings. Relevant considerations may include the assessee&#039;s financial stability, creditworthiness, track record, and the likelihood of recovery if the State succeeds later. Orders lacking reasons and objective material were treated as unsustainable.</description>
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