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2024 (3) TMI 269 - DELHI HIGH COURTRefund of deposit - reversal of ITC - The amount was allegedly recovered from them during search proceedings - HELD THAT:- In in the instant case, the deposit made by the Petitioner before the search ended and the officers left, shows that the deposit was not voluntary and contrary to the CBIC Instruction No. 01/2022-2023 dated 25.05.2022. The contention of learned counsel for the respondent that the deposit was voluntary for the reason that there is no material placed on record by respondent to show as to why petitioner would voluntarily deposit the said amount when there was no claim made against the petitioner as on the date of deposit, cannot be accepted. Therefore, the amounts that were deposited on behalf of petitioner lacked voluntariness. Accordingly, said amount are liable to be returned with interest - Respondents are directed to, within four weeks, refund the amount of Rs. 35,00,000/- to the Petitioner alongwith statutory interest @ 6% p.a. from date of deposit till repayment. Petition disposed off.
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