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    <description>Refund withholding is valid only when proceedings are pending and the authority records a reasoned, material-based satisfaction that release of the refund is likely to prejudice recovery. A bare or mechanical recital is insufficient, and the order cannot be defended by reasons not contained in it. On that basis, the withholding order was held unsustainable and set aside. Once the withholding failed, the assessee became entitled to refund of the deposited amount with statutory interest, and the court directed release of the refund with interest while requiring cooperation in the pending reassessment proceedings.</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=163934</link>
      <description>Refund withholding is valid only when proceedings are pending and the authority records a reasoned, material-based satisfaction that release of the refund is likely to prejudice recovery. A bare or mechanical recital is insufficient, and the order cannot be defended by reasons not contained in it. On that basis, the withholding order was held unsustainable and set aside. Once the withholding failed, the assessee became entitled to refund of the deposited amount with statutory interest, and the court directed release of the refund with interest while requiring cooperation in the pending reassessment proceedings.</description>
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      <pubDate>Thu, 02 Apr 2009 00:00:00 +0530</pubDate>
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