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    <title>2009 (7) TMI 1157 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Refund under section 40(2) of the Andhra Pradesh Value Added Tax Act, 2005 could be withheld only where the authority, with previous approval of the Deputy Commissioner, formed a reasoned opinion on relevant material that release of the refund was likely to adversely affect the Revenue. The power was not absolute and could not be invoked merely because revision proceedings were pending. The approving authority had to record reasons to permit scrutiny of the decision, and the record had to show a real risk to recovery or revenue protection. On the stated facts, no such material existed, so withholding the refund was unjustified.</description>
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      <description>Refund under section 40(2) of the Andhra Pradesh Value Added Tax Act, 2005 could be withheld only where the authority, with previous approval of the Deputy Commissioner, formed a reasoned opinion on relevant material that release of the refund was likely to adversely affect the Revenue. The power was not absolute and could not be invoked merely because revision proceedings were pending. The approving authority had to record reasons to permit scrutiny of the decision, and the record had to show a real risk to recovery or revenue protection. On the stated facts, no such material existed, so withholding the refund was unjustified.</description>
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