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    <title>2021 (4) TMI 1204 - GUJARAT HIGH COURT</title>
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    <description>A petitioner was entitled to refund of the pre-deposit amount because its refundability was not disputed, and the Court directed immediate return of that sum. As to the additional duty paid under protest, the Tribunal&#039;s classification order in the petitioner&#039;s favour had not been stayed by the Supreme Court, so the Department could not retain the amount while the assessment remained unresolved. Refund of that amount was permitted on the petitioner filing an undertaking to abide by the Supreme Court&#039;s eventual decision.</description>
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      <description>A petitioner was entitled to refund of the pre-deposit amount because its refundability was not disputed, and the Court directed immediate return of that sum. As to the additional duty paid under protest, the Tribunal&#039;s classification order in the petitioner&#039;s favour had not been stayed by the Supreme Court, so the Department could not retain the amount while the assessment remained unresolved. Refund of that amount was permitted on the petitioner filing an undertaking to abide by the Supreme Court&#039;s eventual decision.</description>
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