https://www.taxtmi.com/caselaws?id=329353 Refund under the OVAT Act must be issued within the prescribed time after an appellate order, unless the statutory conditions for withholding are satisfied: the refund must be in issue in further proceedings, the Commissioner must form the opinion that release may prejudice revenue, and later recovery may be impossible. A mere show-cause notice proposing withholding does not amount to a final withholding order, so no concluded decision arises until the competent authority acts after hearing. Immediate refund is therefore not automatic where withholding is only proposed, and the taxpayer must participate in the statutory hearing before any final decision on release or retention of the refund. en-us Thu, 19 May 2016 00:00:00 +0530 Wed, 29 Jun 2016 21:00:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=329353 Refund under the OVAT Act must be issued within the prescribed time after an appellate order, unless the statutory conditions for withholding are satisfied: the refund must be in issue in further proceedings, the Commissioner must form the opinion that release may prejudice revenue, and later recovery may be impossible. A mere show-cause notice proposing withholding does not amount to a final withholding order, so no concluded decision arises until the competent authority acts after hearing. Immediate refund is therefore not automatic where withholding is only proposed, and the taxpayer must participate in the statutory hearing before any final decision on release or retention of the refund. Case-Laws VAT and Sales Tax Thu, 19 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=329353