https://www.taxtmi.com/caselaws?id=305589 Interest was payable on arrears of excise licence fee for the period covered by an interim stay, because the stay only suspended recovery and did not extinguish the underlying liability under the U.P. Excise Act, 1910. Section 38A applied to arrears of excise revenue, and once the writ proceedings ended, the beneficiary of the stay could not retain the advantage of withholding payment without compensating the State. Applying restitution and the principle that an act of court should prejudice no one, the SC held that the party had to be restored to the position that would have existed absent interim protection, including statutory interest on the withheld amount. en-us Fri, 25 Mar 2022 00:00:00 +0530 Tue, 13 Dec 2022 18:14:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305589 Interest was payable on arrears of excise licence fee for the period covered by an interim stay, because the stay only suspended recovery and did not extinguish the underlying liability under the U.P. Excise Act, 1910. Section 38A applied to arrears of excise revenue, and once the writ proceedings ended, the beneficiary of the stay could not retain the advantage of withholding payment without compensating the State. Applying restitution and the principle that an act of court should prejudice no one, the SC held that the party had to be restored to the position that would have existed absent interim protection, including statutory interest on the withheld amount. Case-Laws Indian Laws Fri, 25 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305589