2016 (7) TMI 132

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ondent(s) No. 1 ORAL ORDER (PER : MR. AKIL KURESHI) 1. The petitioner has challenged an order dated 26.10.2015 passed by the Commercial Tax Officer. By such order, he directed that since the department is in the process of filing appeal to the Supreme Court concerning assessment years 2006-07 and 2009- 10, the refund shall not be released. From the record, we gather that the petitioner has succ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eal on 16.04.2015. The department had to thereafter take recourse in law in order to avoid refunding the amounts pursuant to the orders of the Tribunal and the High Court. The Commercial Tax Officer, at any rate cannot, unilaterally decide that since the department is in the process of filing appeal before the Supreme Court, the refund should not be released. Such order is, therefore, quashed. How....