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2015 (9) TMI 396 - MADRAS HIGH COURTSanction of refund due – According to petitioner, refund application was made as early as in 2004 and yet refund was not granted – It was contended that if appeal was filed by Department, then question of granting refund at that stage does not arise – Held 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.
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