https://www.taxtmi.com/caselaws?id=408538 Power to withhold a tax refund under Section 40(2) of the Andhra Pradesh Value Added Tax Act, 2005 arises only when the prescribed authority forms an independent, reasoned opinion that release of the refund is likely to prejudice revenue; mere pendency of a revision is insufficient. The approval here was invalid because it relied only on the pending revision, without independent application of mind or recorded reasons. As the statutory conditions were not met and the refund had been determined, the taxpayer was entitled to refund of the excess tax with statutory interest and costs. en-us Mon, 07 Jun 2021 00:00:00 +0530 Sat, 26 Oct 2024 17:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408538 Power to withhold a tax refund under Section 40(2) of the Andhra Pradesh Value Added Tax Act, 2005 arises only when the prescribed authority forms an independent, reasoned opinion that release of the refund is likely to prejudice revenue; mere pendency of a revision is insufficient. The approval here was invalid because it relied only on the pending revision, without independent application of mind or recorded reasons. As the statutory conditions were not met and the refund had been determined, the taxpayer was entitled to refund of the excess tax with statutory interest and costs. Case-Laws VAT / Sales Tax Mon, 07 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408538