2000 (12) TMI 109

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..... order. The petitioners deposited a sum of Rs. 41,38,515.00 under protest pending the appeal. The amount of this pre-deposit was not being given credit, despite the fact that the appellate authority on 25-2-1999 held that Rules could not be given retrospective effect. As there was substantial compliance, appellate authority held that the benefit could not be denied to the petitioner and set aside .....

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..... amount has been refunded to the petitioners by order dated 9-8-2000, whereby the Deputy Commissioner ordered to refund the pre-deposit amount of Rs. 41,38,515.00. The order is placed on record at Annexure 'H'. 2. It is required to be noted that there is a gross delay on the part of the revenue in refunding the amount. In Special Civil Application No. 6020 of 2000 and other allied matter the Cour .....

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..... relief. The Court directed to refund the amount with amount with interest at the rate of 15% from the date of order of the appellate tribunal. 3. We are of the view that, was the amount of refund made available within a reasonable period, neither the petitioners would have approached the Court nor the Court would be required to consider the case. Withholding the amount of the assessee which he .....

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