TMI Blog2010 (6) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... ter has been placed before us in the light of the order of the honourable Supreme Court dated September 18, 2009, inter alia, to the following effect: In our view, the High Court was required to analyse section 44(2) in the context of the facts of these cases. This has not been done. Hence, we set aside the impugned judgment and remit the cases to the High Court for de novo consideration in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat State will be adversely affected by making refund, was without any factual or legal basis, as even for subsequent assessment years, i.e., assessment years 2004-05, 2005-06 and 2006-07, refund of about ₹ 94 lacs was due, which was not disputed by the State. The factual aspect, as mentioned above, having not been disputed, this court in order dated September 28, 2007 Reported as Sadhu Over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or interest on the amount of refund. On appeal being filed by the State, the matter has been remanded to consider the effect of section 44(2) of the Act, as mentioned above. However, the honourable Supreme Court directed the Department to refund the amount, which according to the petitioner has since been made. We have heard learned counsel for the parties on the question of applicability o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner shall be final. (2) The period during which the refund remains so withheld shall be excluded for the purpose of calculation of interest under section 43. It is clear from bare perusal of the above provision that section 44(2) providing for exclusion of period during which refund was withheld for calculation of interest applies only if withholding of refund was valid. Once withholding o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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