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HC dismissed writ petitions challenging revisional orders under ...


Firm Wins Refund with 9% Interest After Tax Revision Challenge Under AVAT Act and CST Act

February 6, 2025

Case Laws     VAT / Sales Tax     HC

HC dismissed writ petitions challenging revisional orders under AVAT Act and CST Act. The court found Circular No. 15/2010 inapplicable to Revisional Authority's powers. The revisional orders were based on proper enquiries including Excise Documents, interstate certificates, and dealer verification. Finding no evidence of fraud, collusion, or perversity in the orders dated 26.02.2020, the court upheld them. The petitioner firm was granted refund of pre-deposits with 9% interest from 08.05.2021. Tax authorities were directed to issue fresh assessment orders within six weeks and process refunds within four weeks thereafter. The court emphasized that pre-deposits for revision admission are not duty payments and must be refunded upon successful revision.

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