2019 (4) TMI 1916

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.... Meera Mathur, AOR, Subhash Sharma, S. Sukumaran, Anand Sukumar and Bhupesh Kumar Pathak, Advocates, for the Petitioner. Shri Jaideep Gupta, Sr. Advocate, G. Prakash, AOR, Jishnu M.L., Mrs. Priyanka Prakash, Mrs. Been Prakash, Maruf Khan, Kamran Malik and Praveen Kumar, Advocates, for the Respondent. ORDER This application is filed by the appellant/applicant for issuing appropriate direct....

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....e relevant part of the judgment of this Court dated 28-4-2011 reads thus : "11. So far as the amount of Rs. 13,19,11,404/- (Rupees thirteen crores nineteen lakhs eleven thousand four hundred and four only which was deposited by MRF in terms of order of this Court dated 27-1-2009 in SLP (C) No. 909 of 2009 is concerned, the said amount shall continue to remain with the Department as d....

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....ded by the Department. 5. On bare reading of the order dated 27-1-2009, in our opinion, the applicant was directed to pay the amount equivalent to tax payable but that was to be treated as "deposit" with the Department and not payment (of tax dues). The expression used 'will be treated as deposit not payment'; is quite significant. That position is restated in the final order passed by thi....