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    <title>2009 (4) TMI 165 - CESTAT, AHMEDABAD</title>
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    <description>Interest is payable on a refund retained beyond the stipulated period where the amount was recovered by encashment of a bank guarantee and the final assessment was later set aside. The refund had to follow as a consequence of that order, and the Board circulars on refund of pre-deposit required return within three months. The Revenue&#039;s later proceedings and its insistence on a refund application did not change the substantive position, because the assessee&#039;s entitlement to refund had already crystallised. Denial of interest merely because the application was filed later was therefore unsustainable.</description>
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    <pubDate>Wed, 08 Apr 2009 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=35291</link>
      <description>Interest is payable on a refund retained beyond the stipulated period where the amount was recovered by encashment of a bank guarantee and the final assessment was later set aside. The refund had to follow as a consequence of that order, and the Board circulars on refund of pre-deposit required return within three months. The Revenue&#039;s later proceedings and its insistence on a refund application did not change the substantive position, because the assessee&#039;s entitlement to refund had already crystallised. Denial of interest merely because the application was filed later was therefore unsustainable.</description>
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