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    <title>2002 (3) TMI 69 - HIGH COURT OF JUDICATURE AT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=46517</link>
    <description>The dominant issue was whether interest is payable on refund of a statutory pre-deposit and, if so, at what rate and from which date, including whether unjust enrichment barred relief. The HC held that a pre-deposit, though not a &quot;refund&quot; in the strict sense, is repayable once the appellate order attains finality, and the State cannot retain it without compensatory interest; unjust enrichment was inapplicable because the amount was a deposit made to pursue an appeal, not a duty recovered from customers. In absence of a fixed statutory rate, the HC applied the &quot;usual banking rate&quot; principle and fixed interest at 18% p.a., payable from the date the appellate order became final until realisation, directing payment within one month.</description>
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    <pubDate>Thu, 21 Mar 2002 00:00:00 +0530</pubDate>
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      <title>2002 (3) TMI 69 - HIGH COURT OF JUDICATURE AT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=46517</link>
      <description>The dominant issue was whether interest is payable on refund of a statutory pre-deposit and, if so, at what rate and from which date, including whether unjust enrichment barred relief. The HC held that a pre-deposit, though not a &quot;refund&quot; in the strict sense, is repayable once the appellate order attains finality, and the State cannot retain it without compensatory interest; unjust enrichment was inapplicable because the amount was a deposit made to pursue an appeal, not a duty recovered from customers. In absence of a fixed statutory rate, the HC applied the &quot;usual banking rate&quot; principle and fixed interest at 18% p.a., payable from the date the appellate order became final until realisation, directing payment within one month.</description>
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      <pubDate>Thu, 21 Mar 2002 00:00:00 +0530</pubDate>
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