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    <title>2025 (2) TMI 739 - JHARKHAND HIGH COURT</title>
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    <description>Under the settlement scheme, the disputed demand had to be computed on the full disputed amount, without first deducting the assessee&#039;s pre-deposit before applying the 40% settlement payment and 60% waiver. The Court treated the scheme as beneficial legislation and held that a contrary computation would unfairly place an assessee who had already paid part of the demand in a worse position than one who had paid nothing. The authorities&#039; method was therefore inconsistent with the scheme, making the excess recovery unsustainable. The assessee was entitled to refund of the excess amount with interest.</description>
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      <title>2025 (2) TMI 739 - JHARKHAND HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=766192</link>
      <description>Under the settlement scheme, the disputed demand had to be computed on the full disputed amount, without first deducting the assessee&#039;s pre-deposit before applying the 40% settlement payment and 60% waiver. The Court treated the scheme as beneficial legislation and held that a contrary computation would unfairly place an assessee who had already paid part of the demand in a worse position than one who had paid nothing. The authorities&#039; method was therefore inconsistent with the scheme, making the excess recovery unsustainable. The assessee was entitled to refund of the excess amount with interest.</description>
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