2023 (9) TMI 53

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....e dated 20.01.2021 in Na.Ka.No.42/2021/A1 and quash the same to the extend that it requires the petitioner to pay 25% of the disputed tax and consequently direct the first respondent to take the appeal filed by the petitioner on 18.01.2021 against the second respondent order dated 18.12.2020 in TIN/33222903520/2015-2016 on file and decide the same on merits". 2. The petitioner had suffered an adverse Assessment Order on 18.12.2020 in the hands of the second respondent for the Assessment Year 2015-2016. 3. Against the aforesaid order, the petitioner preferred an appeal before the first respondent on 18.01.2021. At the time of filing an appeal, the petitioner was entitled for refund of Rs. 59,44,262/- out of which, the petitioner wanted....

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.... Section 42(5) of the Act specifies, "Where the tax paid under this Act is found to be in excess on assessment or revision of assessment, or as a result of an order passed in appeal, revision or review, the excess amount shall be refunded to the dealer after adjustment of arrears of tax, if any, due from him. Where the excess amount is not refunded to the dealer within a period of ninety days from the date of the order of assessment or revision of assessment and in the case of order passed in appeal, revision or review within a period of ninety days from the date of order giving effect to such order passed in appeal, revision or review, the Government shall pay by way of interest, where the amount refundable is not less than one hundred....