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    <title>2016 (1) TMI 830 - ALLAHABAD HIGH COURT</title>
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    <description>When an assessment is set aside and remanded for fresh assessment, deposited tax is not automatically refundable unless there is a specific direction or adjudication granting refund, so the refund claim was declined. By contrast, security furnished only for stay of recovery cannot be continued once the assessment order is set aside and the demand no longer survives for that limited purpose, so insistence on renewal or extension of the bank guarantee was invalid and the guarantee was to be released. The matter was also directed to be completed expeditiously.</description>
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      <link>https://www.taxtmi.com/caselaws?id=271038</link>
      <description>When an assessment is set aside and remanded for fresh assessment, deposited tax is not automatically refundable unless there is a specific direction or adjudication granting refund, so the refund claim was declined. By contrast, security furnished only for stay of recovery cannot be continued once the assessment order is set aside and the demand no longer survives for that limited purpose, so insistence on renewal or extension of the bank guarantee was invalid and the guarantee was to be released. The matter was also directed to be completed expeditiously.</description>
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      <pubDate>Tue, 19 Jan 2016 00:00:00 +0530</pubDate>
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