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2015 (9) TMI 396

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..... that:- petitioner should be informed in writing by respondent as regard fate of his refund claim – If department preferred appeal against order of Commissioner (Appeals), petitioner should be put on notice – Direction issued to respondent to consider petitioner’s request and pass orders on merits and in accordance with law – Petition disposed of – Decided partly in favour of assesse. - W. P. No. .....

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..... (Appeals) was pursuant to an order passed by the Tribunal remanding the case for fresh consideration. The petitioner states that the Department did not file any appeal to the Tribunal as against the order dated 18-10-2013. Therefore, it is submitted that the petitioner is entitled for refund. 3. According to the petitioner, the refund application was made as early as in 2004 and in spite of pet .....

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..... be informed in writing by the respondent as regard the fate of his refund claim. If the department has preferred an appeal as against the order dated 18-10-2013 passed by the Commissioner (Appeals), the petitioner should be put on notice. According to the petitioner, till date, no appeal has been filed to the Tribunal. 6. In the light of the above facts, there will be a direction to the respond .....

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