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    <title>2016 (7) TMI 477 - GUJARAT HIGH COURT</title>
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    <description>An amount deposited only as an interim court condition for lifting attachment did not assume the character of tax, penalty or a statutory pre-deposit, so it could not be withheld under section 39(1) of the Gujarat Value Added Tax Act, 2003. The Court also held that a refund-withholding order under that provision requires a reasoned satisfaction that release would adversely affect revenue; a mechanical order, especially after stay had already been refused in the pending tax appeals, was unsustainable. The withholding order was set aside and the deposited amount directed to be returned.</description>
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    <pubDate>Fri, 22 Apr 2016 00:00:00 +0530</pubDate>
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      <title>2016 (7) TMI 477 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=329879</link>
      <description>An amount deposited only as an interim court condition for lifting attachment did not assume the character of tax, penalty or a statutory pre-deposit, so it could not be withheld under section 39(1) of the Gujarat Value Added Tax Act, 2003. The Court also held that a refund-withholding order under that provision requires a reasoned satisfaction that release would adversely affect revenue; a mechanical order, especially after stay had already been refused in the pending tax appeals, was unsustainable. The withholding order was set aside and the deposited amount directed to be returned.</description>
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      <pubDate>Fri, 22 Apr 2016 00:00:00 +0530</pubDate>
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